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Lois Patterson, Administratrix of The Estate of Gracie Altizer, Deceased Allyne Muncey v. United States, 881 F.2d 127, 4th Cir. (1989)
Lois Patterson, Administratrix of The Estate of Gracie Altizer, Deceased Allyne Muncey v. United States, 881 F.2d 127, 4th Cir. (1989)
2d 127
The panel decision in this case, Patterson v. United States, 856 F.2d 670 (4th
Cir.1988), has now been vacated by the grant of en banc rehearing. We on the
panel wrestled with the question of what would constitute a discretionary
function excepting from the thrust of the Federal Tort Claims Act
2
[a]ny
claim based upon an act or omission of an employee of the Government,
exercising due care, in the execution of a statute or regulation, whether or not such
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.
AFFIRMED.
SPROUSE, Circuit Judge, dissenting: