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ROBERTS v. UNITED STATES

No. 73-2260.

498 F.2d 520 (1974)

Carolyn ROBERTS, Individually, et al., Plaintiff-Appellees, v. UNITED STATES of America, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit,

Rehearing Denied June 20, 1974.

Attorney(s) appearing for the Case

Neil H. Koslowe (argued), Morton Hollander, James C. Hair, Jr., of Civil Div., Appellate Section, U. S. Dept. of Justice, Washington, D. C., for defendant-appellant.

Al Schallau (argued), Ian Herzog, Craig S. Dummit, Los Angeles, Cal., for plaintiff-appellees.

Before ELY, HUFSTEDLER and TRASK, Circuit Judges.

TRASK, Circuit Judge:

The United States appeals from an order denying its motion for dismissal of the appellees' complaint. Because the motion raised a close jurisdictional question the District Court certified its order for an interlocutory appeal under 28 U.S.C. § 1292(b). The United States filed an application in this court to prosecute that appeal and we granted the application. Upon review of the applicable authorities...

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