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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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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 - 1120 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 Subcommittee ...

United States. Congress. House. Committee on Interstate and Foreign Commerce. Subcommittee on Oversight and Investigations - 1979
...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 Navigation Season ...

United States. Army. Corps of Engineers. Detroit District - 1979
...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 - 262 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 - 922 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
...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 - 591 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 - 104 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 - 797 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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The JAG Journal, Volumes 23-25

1968
...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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