NEVIN v. UNITED STATES

No. 81-4365.

696 F.2d 1229 (1983)

Mabel NEVIN, et al., Plaintiffs-Appellants, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided January 17, 1983.


Attorney(s) appearing for the Case

Edward J. Nevin, San Francisco, Cal., Allan Jay Favish, Fogle, Rothschild, Feldman & Ostrove, Los Angeles, Cal., for plaintiffs-appellants.

George C. Stoll, Asst. U.S. Atty., San Francisco, Cal., for defendant-appellee.

Before CHOY and NORRIS, Circuit Judges, and SMITH, District Judge.


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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