MARTIN v. UNITED STATES

No. 78-2789.

649 F.2d 701 (1981)

Mildred MARTIN, Plaintiff-Appellee, v. UNITED STATES of America, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided May 11, 1981.


Attorney(s) appearing for the Case

John F. Cordes, Asst. U. S. Atty., Los Angeles, Cal., for defendant-appellant.

David Silverton, Los Angeles, Cal., for plaintiff-appellee.

Before HUG and FERGUSON, Circuit Judges, and EAST, District Judge.


HUG, Circuit Judge:

Plaintiff Mildred Martin brought this action under the Federal Tort Claims Act (FTCA), 28 U.S.C. § 1346(b), for injuries she sustained when a bath tub downspout broke in the house her mother had recently purchased from a government agency. The Government appeals on evidentiary grounds, and on the ground that the FTCA is inapplicable to a cause of action founded in a breach of contract. We affirm.

I

Mrs. Martin's mother purchased...

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