CESTONARO v. U.S.

No. 99-3235.

211 F.3d 749 (2000)

Giovanna Carboniero CESTONARO, Individually and as Personal Representative of the Estate of Danielle Cestonaro, Appellant v. UNITED STATES of America

United States Court of Appeals, Third Circuit.

Filed May 1, 2000.


Attorney(s) appearing for the Case

Vincent A. Colianni (argued), Hunter, Colianni, Cole & Bennett, Christiansted, St. Croix, U.S. Virgin Islands, for Appellant.

Ernest F. Batenga (argued), Office of United States Attorney, Christiansted, St. Croix, U.S. Virgin Islands, Patricia A. Hooks, United States Department of the Interior, Office of Regional Solicitors, Atlanta, GA, for Appellee.

Before: BECKER, Chief Judge, SCIRICA and GARTH, Circuit Judges


OPINION OF THE COURT

SCIRICA, Circuit Judge.

This appeal requires us to interpret the "discretionary function" exception to the Federal Tort Claims Act's general waiver of sovereign immunity. The District Court dismissed a wrongful death complaint against the United States, finding that the discretionary function exception to the Federal Tort Claim Act's waiver of sovereign immunity, 28 U.S.C. § 2680(a), applied. We will reverse.

I.

...

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