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EVERT v. U.S.

Case No. 11-CV-339.

900 F.Supp.2d 1280 (2012)

Yolanda EVERT, individually and as the Qualified Wrongful Death Representative of Erwin Evert, deceased, Plaintiff, v. UNITED STATES of America, Defendant.

United States District Court, D. Wyoming.

October 22, 2012.

Attorney(s) appearing for the Case

Mark Aronowitz , Emily Roberts Rankin , The Spence Law Firm, Jackson, WY, for Plaintiff.

C. Levi Martin , Nicholas Vassallo , U.S. Attorney's Office, Cheyenne, WY, for Defendant.

ORDER DENYING DEFENDANT'S MOTION TO DISMISS FOR LACK OF SUBJECT MATTER JURISDICTION

NANCY D. FREUDENTHAL, Chief Judge.

This matter comes before the Court on motion to dismiss by the Government on the basis that the claim brought in the case is subject to the exception from the waiver of immunity in the Federal Tort Claims Act (FTCA) for a claim "based upon the exercise or performance or the failure to exercise or perform a discretionary function or duty...

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