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" Any claim based upon an act or omission of an employee of the Government, exercising due care in the execution of a statute or regulation, whether or not such statute or regulation be valid, or based upon the exercise or performance or the failure to... "
Supplemental Rules of Procedure for Private Claims Bills - Page 24
by United States. Congress. House. Committee on the Judiciary. Subcommittee on Administrative Law and Governmental Relations - 1989 - 58 pages
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Tort Claims: Hearings ... on H.R. 5373 and H.R. 6463 ... January 29, 1942

United States. Congress. House. Committee on the Judiciary - 1942 - 74 pages
...substantially the same. PRESENT BILL SEC. 402. The provisions of this Act shall not apply to — (1) Any claim based upon an act or omission of an employee...whether or not the discretion involved be abused. (2) Any claim arising out of the loss, miscarriage, or negligent transmission of letters or postal...
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United States Congressional Serial Set, Issue 11021; Issue 11125

1947 - 638 pages
...such period. Aug. 2, 1946, ch. 753, title IV, § 421, 60 T. 28, § 2681 Stat. — . The provisions of this title shall not apply to — (a) Any claim...miscarriage, or negligent transmission of letters or posai matter. (c) Any claim arising in respect to the assessment or collection of any tax or customs...
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Code of Federal Regulations: Containing a Codification of Documents of ...

1971 - 648 pages
...604.3 Exceptions. As provided in section 2680 of the Act, claims not compensable hereunder Include: (a) Any claim based upon an act or omission of an...discretion involved be abused. (b) Any claim arising out of assault, battery, false imprisonment, false arrest, malicious prosecution, abuse of process, libel,...
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Code of Federal Regulations: Containing a Codification of Documents of ...

1972 - 460 pages
...604.3 Exceptions. As provided in section 2680 of the Act, claims not compensable hereunder include: (a) Any claim based upon an act or omission of an...discretion involved be abused. (b) Any claim arising out of assault, battery, false imprisonment, false arrest, malicious prosecution, abuse of process, libel,...
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Code of Federal Regulations: Containing a Codification of Documents of ...

2000 - 632 pages
...not deny claims solely on this exception without the prior approval of HQ USAF/JACC. (b) Is based on the exercise or performance or the failure to exercise...government, whether or not the discretion involved is abused. Do not deny claims solely on this exception without the prior approval of HQ USAF/JACC....
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The Code of Federal Regulations of the United States of America

1992 - 596 pages
...exception without the prior approval of HQ USAF/JACC. Department of the Air Force, DoD (b) Is based on the exercise or performance or the failure to exercise...government, whether or not the discretion involved is abused. Do not deny claims solely on this exception without the prior approval of HQ USAF/JACC....
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The Code of Federal Regulations of the United States of America

1987 - 614 pages
...of, or the failure to exercise or perform, a discretionary function or duty on the part of the Navy or an employee of the Government, whether or not the discretion involved may be abused; 32 CFR Ch. VI (7-1-87 Edition) (2) Any claim arising out of the loss, miscarriage, or...
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Code of Federal Regulations: Containing a Codification of Documents of ...

1987 - 748 pages
...of, or the failure to exercise or perform, a discretionary function or duty on the part of the Navy or an employee of the Government, whether or not the discretion involved may be abused; (2) Any claim arising out of the loss, miscarriage, or negligent transmission of letters...
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Digest of Opinions: The Judge Advocates General of the Armed Forces, Volume 5

1955 - 908 pages
...circumstances, it has not consented to be subject to liability for claims which might be said to be based upon the exercise or performance or the failure...whether or not the discretion involved be abused. Provision for the care, as well as for the protection of persons convicted of offenses against the...
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Grazing Policies and Range Improvements in the National Forests: Hearings ...

United States. Congress. Senate. Committee on Agriculture and Forestry - 1953 - 244 pages
...purview of Section 2680 (a), Title 28, USCA, which specifies that the provisions of the Tort Claims Act 'shall not apply to * * * "'(a) Any claim based upon...whether or not the discretion involved be abused.' "As the preface to his opposition to this contention, the plaintiff cites section 471, Title 16, USCA,...
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