United States DC Circuit

Dismissal of plaintiffs' claims under the Federal Tort Claims Act, alleging negligence in buying dangerous munitions and toxic chemicals, is affirmed under the discretionary function exception.

Appellate Information

• Argued 10/18/2004
• Decided 12/21/2004
• Published 12/21/2004

Judges

• Before:  EDWARDS and RANDOLPH, Circuit Judges, and WILLIAMS, Senior Circuit Judge.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Mitchell E. Zamoff argued the cause for appellants Glenbrook Limited Partnership, et al.  With him on the briefs were Sten A. Jensen, Rene E. Browne, Matthew T. Ballenger, J. Douglas Baldridge, Patrick M. Regan, Richard S. Lewis, and Victoria S. Nugent.  Jonathan E. Halperin and Thanos Basdekis entered appearances., Mitchell E. Zamoff, Sten A. Jensen, Rene E. Browne, and Matthew T. Ballenger were on the brief of appellant The American University.


• For Appellees:
  
• S. Michael Scadron, Senior Trial Counsel, U.S. Department of Justice, argued the cause for appellee United States of America.   With him on the brief were Peter D. Keisler, Assistant Attorney General, Kenneth L. Wainstein, U.S. Attorney, Jeffrey S. Bucholtz, Deputy Assistant Attorney General, J. Patrick Glynn, Director, and David S. Fishback, Assistant Director., Richard S. Lewis and Victoria S. Nugent were on the brief for appellee Camille Saum.