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WALDING v. U.S.

Civil Action No. SA-08-CA-124-XR.

955 F.Supp.2d 759 (2013)

David WALDING, et al., Plaintiffs, v. UNITED STATES of America, et al., Defendants.

United States District Court, W.D. Texas, San Antonio Division.

July 5, 2013.

Attorney(s) appearing for the Case

Kevin Lashus , Tindal & Foster, Austin, TX, for Plaintiffs.

Aaron David Nelson , Arthur Laverne Rizer , Glenn S. Greene , Laura Katherine Smith , U.S. Department of Justice, Washington, DC, for Defendants.

ORDER

XAVIER RODRIGUEZ, District Judge.

On this date, the Court considered the United States' motion to dismiss Plaintiffs' Federal Tort Claims Act ("FTCA") claims for lack of jurisdiction (docket no. 64). The United States asserts that this Court lacks jurisdiction over Plaintiffs' Twelfth, Thirteenth, and Fourteenth Causes of Action because they fall within the discretionary function and independent contractor exceptions to the FTCA's waiver of sovereign...

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