What is the test for a discretionary function defense?
MultiRegion, United States of America
The following excerpt is from Maynard v. United States, 430 F.2d 1264 (9th Cir. 1970):
Neher v. United States, 265 F.Supp. 210 (D.Minn.1967), strenuously relied upon by plaintiff, is not to the contrary. In that case the court held that the government had waived the discretionary function defense and then proceeded to find the government guilty of actionable negligence. In the present stage of the instant case the government raised no issue concerning negligence.
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