 | 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... | |
 | 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,... | |
 | 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... | |
 | 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... | |
 | 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... | |
 | 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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