HAWES v. U.S.

No. 04-1736.

409 F.3d 213 (2005)

Rawls R. HAWES, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided May 26, 2005.


Attorney(s) appearing for the Case

ARGUED: H. Jan Roltsch-Anoll, Szabo, Zelnick & Erickson, P.C., Woodbridge, Virginia, for Appellant. Leslie Bonner McClendon, Assistant United States Attorney, Office of the United States Attorney, Alexandria, Virginia, for Appellee.

ON BRIEF: Paul J. McNulty, United States Attorney, Alexandria, Virginia, for Appellee.

Before WIDENER, MOTZ, and GREGORY, Circuit Judges.


Affirmed by published opinion. Judge GREGORY wrote the majority opinion, in which Judge WIDENER joined. Judge MOTZ wrote a dissenting opinion.

GREGORY, Circuit Judge.

Before this court, Rawls R. Hawes appeals the dismissal of his tort action, pursuant to Fed.R.Civ.P. 12(b)(1), against the United States of America. Specifically, the district court held that the discretionary function exception to the Federal Torts Claims Act covered all of the allegedly negligent...

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