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  5. 103 F.Supp.2d 899 (2000)
 

CLAYPOOL v. U.S.

Nos. CIV. A. 5:99-0683, CIV. A. 5:99-0684.

103 F.Supp.2d 899 (2000)

Drema CLAYPOOL, Plaintiff, v. UNITED STATES of America, Defendant, and Eileen Fox, Administratrix of the Estate of Mildred Elois Ennis, deceased, Plaintiff, v. United States of America, Defendant.

United States District Court, S.D. West Virginia, Beckley Division.

July 10, 2000.

Attorney(s) appearing for the Case

Norman W. White, Shaffer & Shaffer, Madison, WV, Pat C. Fragile, Beckley, WV, for Plaintiff.

Michael L. Keller, Assistant U.S. Attorney, Charleston, WV, for Defendant.

MEMORANDUM OPINION AND ORDER

HADEN, Chief Judge.

Pending is the United States' Motion to Dismiss. At issue is the applicability of the discretionary function exception of the Federal Tort Claims Act. For reasons that follow, the Court FINDS and CONCLUDES the National Park Service's decision not to maintain and inspect the terrain adjoining roads in the New River Gorge National Park was a discretionary

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