United States Tenth Circuit

Dismissal for lack of subject matter jurisdiction of a suit against the United States under the Suits in Admiralty Act is affirmed where the discretionary function exception to the waiver of sovereign immunity implied in the Suits in Admiralty Act insulated the government from liability in a case arising from injuries sustained in an allision with a buoy.

Appellate Information

• Decided 04/07/2006
• Published 04/07/2006

Judges

• MURPHY, Circuit Judge., Before LUCERO, EBEL, and MURPHY, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Submitted on the briefs.  William J. Pauzauskie, Topeka, Kansas, Ernest C. Baynard, III, John A.C. Cartner, Baynard & Cartner, Washington, D.C., for Plaintiffs-Appellants.


• For Appellees:
  
• Peter D. Keisler, Assistant Attorney General, Eric F. Melgren, United States Attorney, Peter F. Frost, Acting Assistant Director, Admiralty, Damon C. Miller, Attorney, U.S. Department of Justice, Torts Branch, Civil Division, Washington, D.C., for Defendant-Third Party Plaintiff-Appellee.