CHOY, Circuit Judge:
Relatives of Edward Nevin appeal from a judgment in favor of the United States in this wrongful-death action brought under the Federal Tort Claims Act (the FTCA), 28 U.S.C. § 1346(b). They claim that Nevin died as a result of the Government's negligence in conducting a simulated biological warfare attack on the City of San Francisco in 1950. The district court concluded in part that the Government was immune from suit because its acts fell...
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