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LEAF v. UNITED STATES

Nos. 79-3831, 80-5013.

661 F.2d 740 (1981)

Jack LEAF and Marvin Gunnufson, Plaintiffs-Appellees and Cross-Appellants, v. UNITED STATES of America, Defendant-Appellant and Cross-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided November 16, 1981.

Attorney(s) appearing for the Case

Kenneth L. Crowder, Engstrom, Lipscomb & Lack, Los Angeles, Cal., argued, for Leaf & Gunnufson; Walter J. Lack, & Marylin Jenkins White, Los Angeles, Cal., on brief.

Susan Sleater, Dept. of Justice, Washington, D. C., for United States.

Before CHAMBERS and ANDERSON, Circuit Judges, and BILBY, District Judge.

CHAMBERS, Circuit Judge:

The government appeals from a judgment awarding damages to plaintiffs in the amount of $150,000, for the destruction of their PBY aircraft while it was being used by a DEA informant named Morris Bean, with the knowledge and approval of the DEA agents assigned to supervise him. The government claims that, contrary to the trial judge's findings, Bean was not an "agent" of the government so as to impose...

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