DISCLAIMER:  Any unofficial case summaries below are prepared by the clerk's office
                        as a courtesy to the reader. They are not part of the opinion of the court.

062705P.pdf   01/29/2007  Estate of Walters  v.  United States
   U.S. Court of Appeals Case No:  06-2705
   U.S. District Court for the District of South Dakota   
   [PUBLISHED] [Bye, Author, with Colloton and Benton, Circuit
   Judges]
   Civil case - Federal Tort Claims Act. Because applicable regulations
   expressly require the Bureau of Indian Affairs to consider the availability
   of funds when it decides whether to perform maintenance on reservation
   roads, the district court correctly concluded that the discretionary function
   exception shielded the government from liability for accidents alleged to
   have been caused by the road's state of repair. Judge Colloton, concurring
   in the judgment.