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GARCIA v. U.S.

No. 86-2645.

826 F.2d 806 (1987)

Ramon GARCIA; Maria Morfin Garcia, Plaintiffs-Appellees, v. UNITED STATES of America, U.S. Dept. of Justice & I & NS, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Memorandum July 28, 1987.

Opinion September 2, 1987.

Attorney(s) appearing for the Case

Marc Richman, Washington, D.C., for defendant-appellant.

Arthur G. Newman, Jr., Phoenix, Ariz., for plaintiffs-appellees.

Before GOODWIN, BEEZER and THOMPSON, Circuit Judges.

BEEZER, Circuit Judge:

The memorandum disposition filed July 28, 1987, is redesignated as an authored opinion by Judge Beezer. See the attached opinion.

OPINION

The United States appeals from judgment assessing liability under the Federal Tort Claims Act (FTCA) for damages to Ramon and Maria Garcia. Ramon Garcia, a citizen of Mexico, was shot when he threatened Walter Hummel, a border patrol agent of the Immigration and Naturalization Service, with...

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