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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. "
Code of Federal Regulations: Containing a Codification of Documents of ... - Page 160
1999
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Amendments to the Federal Tort Claims Act, S. 2117: Joint Hearing Before the ...

United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Citizens and Shareholders Rights and Remedies - 1978 - 372 pages
...or regulation, as well as claims "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). The remainder of...
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Justice Department Retention of Private Legal Counsel to Represent Federal ...

United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Administrative Practice and Procedure - 1978 - 1140 pages
...statute or regulation be valid, or 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 would be immune from suit under state law for an alleged act or omission, an FTCA plaintiff can nevertheless...
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Health Effects of Low-level Radiation: Joint Hearing Before the ..., Part 2

United States. Congress. House. Committee on Interstate and Foreign Commerce. Subcommittee on Oversight and Investigations - 1979 - 1440 pages
...against the Government on any claim 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 was abused. 28 USCA ,§2680(a) ; anno. 19 ALR 2d...
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Final Survey Study for Great Lakes and St. Lawrence Seaway ..., Volume 6

United States. Army. Corps of Engineers. Detroit District - 1979 - 576 pages
...under the Act for "Any claim . . . 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." 20/ The scope of the discretionary function...
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Democratic Process and Administrative Law

Robert Stuart Lorch - 1969 - 284 pages
...statute or regulation be valid, or 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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Nuclear Waste Isolation Pilot Plant (WIPP): Oversight Hearings Before the ...

United States. Congress. House. Committee on Interior and Insular Affairs. Subcommittee on Oversight and Investigations - 1980 - 972 pages
...statute or regulation be valid/ or 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 S2680(a) (Emphasis added). CONCLUSION...
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Federal Tort Claims Act: Hearings Before the Subcommittee on Agency ...

United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Agency Administration - 1982 - 264 pages
...statute or regulation be valid, or 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 Principal Laws Relating to Forest Service Activities

United States - 1983 - 632 pages
...available for such services or supplies. (42 USC 5147) Nonliability of Federal Government Sec. 308. The Federal Government shall not be liable for any...Federal Government in carrying out the provisions of this Act. (42 USC 5148) 344 Sec. 309. (a) In carrying out the purposes of this Act, any Federal agency...
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Military Claims Amendments: Hearing Before the Subcommittee on ...

United States. Congress. House. Committee on the Judiciary. Subcommittee on Administrative Law and Governmental Relations - 1983 - 120 pages
...exception should not be utilized without prior approval of the Chief, US Army Claims Service. 6. Is based upon the exercise or performance of or the failure...function or duty on the part of a Federal agency, or a member or employee of the Army whether or not the discretion involved is abused. However, this exception...
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Bonneville Power Administration and States of the Pacific Northwest: Hearing ...

United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Separation of Powers - 1983 - 838 pages
...statute or regulation be valid, or 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 •bused." The Federal Tort Claims Act provides...
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