Plaintiff, operating a dragline while improving the channel of a small creek, struck and detonated a natural gas pipeline which was shown on Government site plans to be located outside the work area. Plaintiff sued the United States under the Federal Tort Claims Act to recover for his personal injuries. Defendant moved to dismiss for failure to state a claim upon which relief could be granted, contending that the case was bottomed on misrepresentation and therefore excluded from the Federal Tort Claims Act, 28 U.S.C. section 2680(h). The United States District Court for the Northern District of Mississippi granted Defendant's motion to dismiss. Held: the action for personal injury was one "arising out of misrepresentation" within the Federal Tort Claims Act exclusion, 28 U.S.C. section 2680(h). Vaughn v. United States, 259 F. Supp. 286 (N.D. Miss. 1966).
Physical Injury and the Misrepresentation Exception of the Federal Tort Claim Act § 2680(h),
Wash. L. & Rev.
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