FERNANDEZ v. UNITED STATES

No. 80-4395.

673 F.2d 269 (1982)

Mark Maio FERNANDEZ, an incompetent, by his Guardian Ad Litem, August Fernandez, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided March 29, 1982.


Attorney(s) appearing for the Case

L. Richard Fried, Jr., Honolulu, Hawaii, for plaintiff-appellant.

Donald E. Jose, Dept. of Justice, Washington, D. C., for defendant-appellee.

Before DUNIWAY, WRIGHT and POOLE, Circuit Judges.


DUNIWAY, Circuit Judge:

The members of the panel are unanimously of the opinion that the decisional process would not be significantly aided by oral argument in this case and the case is therefore submitted without oral argument.

Mark Fernandez, by his guardian ad litem, appeals from a judgment dismissing his action against the United States under the Federal Tort Claims Act. We affirm.

I. Facts.

We take the facts from the trial judge...

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