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Earles v. United States
United States Court of Appeals for the Ninth Circuit
935 F.2d 1028 (1991)
Facts
Virl Earles (plaintiff) was injured when a boat he was driving crashed into an unilluminated naval buoy owned by the United States (defendant). Earles sued the United States under the Suits in Admiralty Act. The court ruled in Earles’s favor, and the United States appealed. The United States argued that the district court erred by failing to hold that the discretionary-function exception to the Federal Tort Claims Act applied to the Suits in Admiralty Act. If the discretionary-function exception applied, the United States argued, the exception would preclude recovery under the facts of Earles’s claim.
Rule of Law
Issue
Holding and Reasoning (Leavy, J.)
Dissent (Pregerson, J.)
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