MITCHELL v. U.S.

No. 99-3357.

225 F.3d 361 (2000)

Debbie MITCHELL, v. UNITED STATES of America, Appellant.

United States Court of Appeals, Third Circuit.

Filed August 28, 2000.


Attorney(s) appearing for the Case

Mary C. Frye, U.S. Attorney, David M. Barasch, U.S. Attorney, David W. Ogden, Acting Assistant Attorney General, Office of U.S. Attorney, Harrisburg, PA, Robert S. Greenspan, Douglas Hallward-Driemeier (Argued), U.S. Department of Justice Civil Division, Appellate Staff, Washington, DC, Attorneys for Appellant.

J. Craig Currie (Argued), Currie & Strawley, Philadelphia, PA, Attorney for Appellee.

Before SLOVITER, BARRY and ALDISERT, Circuit Judges.


OPINION OF THE COURT

ALDISERT, Circuit Judge.

This appeal from the district court's judgment in favor of Appellee Debbie Mitchell in her complaint brought under the Federal Tort Claims Act (FTCA), 28 U.S.C. § 1346, requires us to decide whether the National Park Service's choice not to repair or improve a drainage ditch and concrete head-wall located five feet west of a paved roadway came within the discretionary function exception to the Act so as...

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