MONACO v. UNITED STATES

No. 79-4787.

661 F.2d 129 (1981)

Daniel J. MONACO and Denise E. Monaco, Plaintiffs-Appellants, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided November 9, 1981.

Rehearing Denied December 14, 1981.


Attorney(s) appearing for the Case

David M. McKim, Cotchett, Dyer & Illston, San Mateo, Cal., for plaintiffs-appellants.

John C. Hoyle, Washington, D. C., argued, for defendant-appellee; Frederic D. Cohen, Washington, D. C., on brief.

Before NELSON and CANBY, Circuit Judges, and BATTIN, District Judge.


NELSON, Circuit Judge:

The appellants, Daniel J. Monaco and Denise E. Monaco [hereinafter "Daniel" and "Denise," respectively, or "the Monacos"], appeal from an order of the district court granting the motion of the United States to dismiss claims brought against it under the Federal Tort Claims Act [FTCA], 28 U.S.C. §§ 1346, 2671-2680 (1976 & Supp.1979). The district court concluded that an exception to the FTCA for claims incident to military service...

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