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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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Indian Tribal Conflict Resolution and Tort Claims and Risk Management Act of ...

United States. Congress. Senate. Committee on Indian Affairs (1993- ), United States - 1999 - 348 pages
...2680(a) of Title 28 denies 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 "28U.SC §2681Xa). abuse.*" As a general rule, the...
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Indian Tribal Conflict Resolution and Tort Claims and Risk Management Act of ...

United States. Congress. Senate. Committee on Indian Affairs (1993- ), United States - 1999 - 348 pages
...2680(a) of Title 28 denies 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 "28 USC Ì268IX». "Babuse."41 As a general rule,...
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Judicial Review in European Union Law:Essays in Honour of Lord Slynn

Gordon Slynn Baron Slynn of Hadley - 2000 - 674 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."16 The contemporary legislative history...
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Federal Administrative Procedure Sourcebook

William F. Funk, Jeffrey S. Lubbers, Charles Pou - 2000 - 1004 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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Rules of Procedure for Private Claims Bills

United States. Congress. House. Committee on the Judiciary. Subcommittee on Immigration and Claims - 2002 - 71 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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Spring Valley: Toxic Waste Contamination in the Nation's Capital : Hearing ...

United States. Congress. House. Committee on Government Reform. Subcommittee on the District of Columbia - 2002 - 336 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 § 2680(a) (emphasis added). This...
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Administrative Law of the European Union, Its Member States and the United ...

René Seerden, F. A. M. Stroink - 2002 - 360 pages
...statute or regulation [is] 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, with or not the discretion involved [is] abused'.93 Thus, a private person may not recover...
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The Library's Legal Answer Book

Mary Minow, Tomas A. Lipinski - 2003 - 361 pages
...exception. The federal act bars a 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."3 States vary in the expansiveness of...
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The Feres Doctrine: An Examination of this Military Exception to the Federal ...

United States, United States. Congress. Senate. Committee on the Judiciary - 2003 - 133 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. I suggest to you that covers everything...
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Pharmacoethics: A Problem-Based Approach

David A. Gettman, Dean Arneson - 2003 - 472 pages
...exempts from the FTCA 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" [28 USC § 2680(a)]. The Supreme Court...
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