(DOWNLOAD) "Franklin Savings Corp. v. United States" by Tenth Circuit U.S. Court of Appeals ~ Book PDF Kindle ePub Free

eBook details

Title: Franklin Savings Corp. v. United States
Author : Tenth Circuit U.S. Court of Appeals
Release Date : January 04, 1999
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 82 KB

Description

PUBLISH This appeal concerns the breadth of the discretionary-function exception to the waiver of sovereign immunity under the Federal Tort Claims Act (FTCA). Plaintiffs, who owned most of the stock of the Franklin Savings Association (FSA or the Association), sued the United States and the Resolution Trust Corporation 1 (RTC), seeking damages allegedly caused by the RTC's conduct as FSA's conservator. Before any discovery, the district court dismissed the suit under Federal Rule of Civil Procedure 12(b)(6) on the basis that plaintiffs' claims fell within the FTCA's discretionary-function exception. This court has jurisdiction of plaintiffs' appeal under 28 U.S.C. § 1291.