Court of Appeals for the Fifth Circuit May 21, 1997, 95-30219, 95-30697 (Bram C. Coumou v. United States of America, and Lieutenant Jacoblowski Commander Mizell Lieutenant Kontratowicz)

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POLITZ, Chief Judge:

In response to the government’s petition for rehearing, the final two paragraphs of the original opinion are withdrawn and are replaced by the following; otherwise the petition for rehearing is DENIED.

We are not persuaded that the discretionary-function exception necessarily defeats Coumou’s suit.