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" ... based upon the exercise or performance or the failure to exercise or perform a discretionary function or duty on the part of a Federal agency or an employee of the Government, whether or not the discretion involved be abused. "
Housing Needs in Earthquake Disaster Areas: Field Hearings Before the ... - Page 1144
by United States. Congress. House. Committee on Banking, Finance, and Urban Affairs. Subcommittee on Housing and Community Development - 1990 - 1217 pages
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Committee on the Judiciary, the Subcommittee on Administrative Law ..., Volume 4

United States. Congress. House. Committee on the Judiciary. Subcommittee on Administrative Law and Governmental Relations - 1987 - 64 pages
...based upon the exercise or performance or the failure to exercise or perform a discretionary function or duty on the part of a federal agency or an employee of the Government, whether or not the discretion involved be abused. (b) Any claim arising out of the loss,...
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United States Reports: Cases Adjudged in the Supreme Court at ..., Volume 467

United States. Supreme Court, John Chandler Bancroft Davis, Henry Putzel, Henry C. Lind, Frank D. Wagner - 1987 - 1226 pages
...based upon the exercise or performance or the failure to exercise or perform a discretionary function or duty on the part of a federal agency or an employee of the Government, whether or not the discretion involved be abused." 3 Title 28 USC § 2680(h) states that...
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Government Liability for Atomic Weapons Testing Program: Hearing Before the ...

United States. Congress. Senate. Committee on the Judiciary - 1987 - 182 pages
...OUT OF "THE EXERCISE OR PERFORMANCE OR THE FAILURE TO EXERCISE OR PERFORM A DISCRETIONARY FUNCTION OR DUTY ON THE PART OF A FEDERAL AGENCY OR AN EMPLOYEE OF THE GOVERNMENT, WHETHER OR NOT THE DISCRETION INVOLVED IS ABUSED." 28 USC SEC. 2680(A) ( 1982) . 3. THE...
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Legislation to Amend the Federal Tort Claims Act: Hearing Before the ...

United States. Congress. House. Committee on the Judiciary. Subcommittee on Administrative Law and Governmental Relations - 1988 - 304 pages
....based upon the exercise or performance or the failure to exercise or perform a discretionary function or duty on the part of a federal agency or an employee of the Government, whether or not the discretion involved be .abused. " 227 Testimony of Pat Broudy, NARS,...
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Supplemental Rules of Procedure for Private Claims Bills, Volume 4

United States. Congress. House. Committee on the Judiciary. Subcommittee on Administrative Law and Governmental Relations - 1989 - 64 pages
...based upon the exercise or performance or the failure to exercise or perform a discretionary function or duty on the part of a federal agency or an employee of the Government, whether or not the discretion involved be abused. (b) Any claim arising out of the loss,...
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The Aviation Security Improvement Act of 1990: Joint Hearing and ..., Volume 4

United States. Congress. House. Committee on Foreign Affairs - 1990 - 332 pages
..."based upon the exercise or performance or the failure to exercise or perform a discretionary function or duty on the part of a federal agency or an employee of the Government, whether or not the discretion involved be abused.' 28 USC $ 2680(a). This far-reaching...
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The Aviation Security Improvement Act of 1990: Joint Hearing and ..., Volume 4

United States. Congress. House. Committee on Foreign Affairs - 1990 - 346 pages
..."baaed upon the exercise or performance or the failure to exercise or perform a discretionary function or duty on the part of a federal agency or an employee of the Government, whether or not the discretion involved be abused." 28 USC f 26HO(a). This far-reaching...
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Government Observation of Safety and Health Standards: Hearing Before the ...

United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Courts and Administrative Practice - 1990 - 136 pages
...based upon . . . exercise or performance or the failure to exercise or perform a discretionary function or duty on the part of a federal agency or an employee of the government . . . ." Thus, the discretionary function exception precludes courts from treating the government...
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Transportation of Hazardous Materials: Issues in Law, Social Science, and ...

Leon N. Moses, Dan Lindstrom - 1993 - 378 pages
...extend to "the exercise or performance or the failure to exercise or perform a discretionary function or duty on the part of a federal agency or an employee of the Government."57 This "discretionary function" exception has been used to immunize the government in...
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International Law Reports, Volume 96

E. Lauterpacht, C. J. Greenwood - 1994 - 852 pages
...based upon the exercise or performance or the failure to exercise or perform a discretionary function or duty on the part of a federal agency or an employee of the Government, whether or not the discretion involved be abused." 28 USC § 2680(a). By arguing, as it...
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