United States Tenth Circuit

Dismissal of plaintiff's negligence suit for lack of subject matter jurisdiction was affirmed because the United States Postal Service's decision regarding the location of mailboxes, even if the cause of the accident, was a discretionary function exempt from liability under the Federal Tort Claims Act.

Appellate Information

• Decided 07/22/2004
• Published 07/22/2004

Judges

• McCONNELL, Circuit Judge., Before EBEL, KELLY, and McCONNELL, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Richard J. Valle, O'Brien & Houliston (Richard L. Kraft, The Kraft Law Firm, LLP, with him on the briefs), for Plaintiffs-Appellants.


• For Appellees:
  
• Cynthia L. Weisman, Assistant United States Attorney (David C. Iglesias, United States Attorney, Elizabeth M. Martinez, Assistant United States Attorney, with her on the brief), Albuquerque, NM, for Defendant-Appellee.