Does the Federal Trade Commission have authority to bar an action against a sue-and-be-sued agency by invoking the FTCA?
MultiRegion, United States of America
The following excerpt is from Meyer v. Fidelity Sav., 944 F.2d 562 (9th Cir. 1991):
Carey v. Piphus, 435 U.S. 247, 258, 98 S.Ct. 1042, 1049, 55 L.Ed.2d 252 (1978). In the latter situation, it would seem incongruous to bar an action against a sue-and-be-sued agency by invoking the FTCA when the underlying action was not a tort action at all.
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