Indemnity Ins. Co. of N. Am. v. US, No. 08-2148 - U.S. Fourth Circuit
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Indemnity Ins. Co. of N. Am. v. US, No. 08-2148

In a negligence action against the U.S. based on the Coast Guard's failure to perform certain tests on a ship, the dismissal of the complaint is affirmed where the entire action was barred by the discretionary function exception to the Government's waiver of sovereign immunity.

Read Indemnity Ins. Co. of N. Am. v. US, No. 08-2148

Appellate Information

Argued: May 13, 2009

Decided: June 25, 2009

Judges

Opinion by Judge Hamilton

Counsel

For Appellants:

Robert Hopkins, Duane Morris, LLP, Baltimore, MD

Susan M. Euteneuer, Duane Morris, LLP, Baltimore, MD

For Appellee:

Stephen Robert Campbell, United States Department of Justice, Washington, DC

Michael F. Hertz, Acting Assistant Attorney General, United States Department of Justice, Washington, DC

Rod J. Rosenstein, United States Attorney, Baltimore, MD