The Travelers Indemnity Company of Illinois, Plaintiff-appellee, v. United States of America, Defendant-appellant, 131 F.3d 148 (9th Cir. 1997)Annotate this Case
Submitted Nov. 17, 1997**Decided Nov. 20, 1997
Appeal from the United States District Court for the Central District of California, No. CV-90-05237-MRP (Ex); Mariana R. Pfaelzer, District Judge, Presiding
Before HUG, Chief Judge; BEEZER and PREGERSON, Circuit Judges.
The United States appeals the district court's judgment in favor of Travelers Indemnity Company of Illinois, in Travelers' action pursuant to the Federal Tort Claims Act ("FTCA"), 28 U.S.C. §§ 2671 et seq. The district court lacked jurisdiction because the government conduct at issue is covered by the FTCA's discretionary function exception, 28 U.S.C. § 2680(a). See National Union Fire Insurance v. United States, 115 F.3d 1415 (9th Cir. 1997).