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DE LANGE v. UNITED STATES

No. 21212.

372 F.2d 134 (1967)

Sharon L. DE LANGE, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Ninth Circuit.

February 9, 1967.

Attorney(s) appearing for the Case

Michael I. Greer, of Bear, Gelfand, Greer & Bauer, San Diego, Cal., for appellant.

Barefoot Sanders, Asst. Atty. Gen., Morton Hollander, John C. Eldridge, Alan S. Rosenthal, Attys., Dept. of Justice, Washington, D. C., Edwin L. Miller, U. S. Atty., San Diego, Cal. for appellee.

Before BARNES and JERTBERG, Circuit Judges, and MUECKE, District Judge.

PER CURIAM.

We affirm the judgment below; holding that the communicated diagnosis was a representation. (Hall v. United States, 274 F.2d 69 (10th Cir. 1959).) An incorrect representation is "misrepresentation" within the meaning of the statute (28 U.S.C.A. §§ 2674 and 2680(h)), whether wilful or based upon negligence in ascertaining the facts represented. (United States v. Neustadt, 366 U.S. 696<...

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