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Snyder v. U.S.

United States Court of Appeals, Fifth Circuit
Oct 16, 2008
296 F. App'x 399 (5th Cir. 2008)

Summary

holding that the discretionary function exception applied when analyzing a Naval preventative medicine regulation for disposal of waste

Summary of this case from Pride v. U.S. Dep't of Navy

Opinion

No. 07-60671.

October 16, 2008.

William Lee Guice, III, Rushing Guice, Ocean Springs, MS, for Plaintiffs-Appellants.

Adam Bain, Stephen R. Graben, Assistant U.S. Attorney, U.S. Attorney's Office, Southern District of Mississippi, Gulfport, MS, for Defendant-Appellee.

Appeal from the United States District Court for the Southern District of Mississippi, USDC No. 1:04-CV-627.

Before JOLLY, BARKSDALE and HAYNES, Circuit Judges.


The Snyder family appeals the district court's dismissal for want of subject matter jurisdiction of their lawsuit against the United States. Premising jurisdiction on the Federal Tort Claims Act, the Snyders brought various tort claims against the United States based upon its alleged misconduct in disposing of waste at a Marine Corps base in the early 1970s. 28 U.S.C. § 1346(b) (2006) We have carefully reviewed the parties' briefs and the pertinent portions of the record. The district judge entered a thorough and thoughtful opinion styled as an Order and Reasons Dismissing Case for Lack of Subject Matter Jurisdiction. Essentially for the reasons stated by the district court, the judgment of the district court is AFFIRMED.


Summaries of

Snyder v. U.S.

United States Court of Appeals, Fifth Circuit
Oct 16, 2008
296 F. App'x 399 (5th Cir. 2008)

holding that the discretionary function exception applied when analyzing a Naval preventative medicine regulation for disposal of waste

Summary of this case from Pride v. U.S. Dep't of Navy

finding that regulation that provided that "refuse, in any form, should not be disposed of where it may pollute surface or underground waters which are eventually to be used as drinking water" not a specific directive

Summary of this case from Adkisson v. Jacobs Eng'g Grp., Inc.
Case details for

Snyder v. U.S.

Case Details

Full title:Donal McLean SNYDER, III; Donal McLean Snyder, Jr.; Pam Snyder…

Court:United States Court of Appeals, Fifth Circuit

Date published: Oct 16, 2008

Citations

296 F. App'x 399 (5th Cir. 2008)

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