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BROUDY v. UNITED STATES

No. 79-3829.

661 F.2d 125 (1981)

Alice P. BROUDY, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided November 9, 1981.

As Amended December 21, 1981.

Attorney(s) appearing for the Case

Ronald G. Bakal, Beverly Hills, Cal., for plaintiff-appellant.

John C. Hoyle, Washington, D. C., argued, for defendant-appellee; Robert S. Greenspan, Washington, D. C., on brief.

Before SKOPIL, NELSON and NORRIS, Circuit Judges.

NELSON, Circuit Judge:

The Appellant, Alice P. Broudy, appeals from an order of the district court granting the motion of the United States to dismiss, for failure to state a claim upon which relief can be granted (Fed.R.Civ.P. 12(b)(6)), claims brought against it under the Federal Tort Claims Act [FTCA], 28 U.S.C. §§ 1346, 2671-2680 (1976 & Supp.1979). The district court concluded that an exception to the FTCA for claims incident to military service...

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