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FOUR v. U.S. EX REL. BUREAU OF INDIAN AFFAIRS

No. 1:05-CV-001.

431 F.Supp.2d 985 (2006)

Patricia FOUR, individually and as the surviving widow of Eugene Four, Plaintiff, v. UNITED STATES of America, acting through the BUREAU OF INDIAN AFFAIRS and the Department of the Interior, Defendants.

United States District Court, D. North Dakota, Northwestern Division.

May 10, 2006.

Attorney(s) appearing for the Case

Kent M. Morrow, Severin & Ringsak, Bismarck, ND, for Plaintiff.

Cameron W. Hayden, U.S. Attorney's Office, Bismarck, ND, for Defendant.

ORDER GRANTING DEFENDANTS' MOTION FOR SUMMARY JUDGMENT

HOVLAND, Chief Judge.

Before the Court is the defendants' Motion for Summary Judgment filed on March 1, 2006. The United States asserts that it is immune from suit under the discretionary function exception to the Federal Tort Claims Act. For reasons outlined below, the Court grants the motion.

I. BACKGROUND

The following facts are undisputed. The plaintiff, Patricia...

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