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WALSH v. UNITED STATES

No. 80-3290.

672 F.2d 746 (1982)

Eugene C. WALSH and Lois M. Walsh, Plaintiffs-Appellants, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided March 24, 1982.

Attorney(s) appearing for the Case

Edmund Sedivy, Morrow, Sedivy, Olson, Scully & Eck, Bozeman, Mont., for plaintiffs-appellants.

Allen R. McKenzie, Asst. U. S. Atty., Butte, Mont., argued for defendant-appellee; Rick Anderson, Asst. U. S. Atty., Butte, Mont., on brief.

Before BROWNING, Chief Judge, WRIGHT, Circuit Judge, and THOMPSON, Senior District Judge.

BRUCE R. THOMPSON, Senior District Judge:

Eugene C. Walsh and Lois M. Walsh, plaintiffs, commenced this action in the district court against the United States of America and Cyprus Mines Corporation. Federal jurisdiction was predicated solely upon the Federal Tort Claims Act (FTCA), 28 U.S.C. § 1346(b). No independent basis for federal jurisdiction against defendant Cyprus Mines Corporation was alleged, plaintiffs presumably relying upon the doctrine of pendent...

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