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SLOAN v. U.S. DEPT. OF HOUSING AND URBAN DEVELOPMENT

No. 99-5145.

236 F.3d 756 (2001)

Leon SLOAN and Jimmie Lee Furby, Appellants, v. UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, Appellee.

United States Court of Appeals, District of Columbia Circuit.

Decided February 2, 2001.

Attorney(s) appearing for the Case

James K. Kearney argued the cause for appellants. With him on the briefs were James P. Gallatin, Jr., David T. Hickey, and Andrew J. Hungerman IV.

Scott S. Harris, Assistant United States Attorney, argued the cause for appellee. With him on the brief were Wilma A. Lewis, United States Attorney, and R. Craig Lawrence, Assistant United States Attorney.

Before: EDWARDS, Chief Judge, HENDERSON and GARLAND, Circuit Judges.

Opinion for the court filed by Circuit Judge GARLAND.

GARLAND, Circuit Judge:

Plaintiffs Leon Sloan and Jimmie Lee Furby appeal from the dismissal of their Federal Tort Claims Act (FTCA) complaint against the United States Department of Housing and Urban Development (HUD). We find that, in light of the discretionary function exception to the FTCA, the district court properly concluded that it lacked jurisdiction to entertain plaintiffs' complaint.

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