Hencely v. Fluor Corp. · ¶88

Despite this suit's intrusion into a domain of exclusive federal authority, petitioner contends that his suit is not preempted for two main reasons: (1) the Federal Tort Claims Act's retention of sovereign immunity for “combatant activities . . . during time of war” does not apply here, 28 U. S. C. §2680(j), and (2) our decision in Boyle does not dictate preemption. Neither argument provides a ground for rejecting preemption.

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