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NATURAL GAS PIPELINE CO. v. UNITED STATES

No. 84-3526.

742 F.2d 502 (1984)

NATURAL GAS PIPELINE COMPANY OF AMERICA, Guardian Industries Corporation, Carlson Companies, Inc., the Hanna Mining Company, and Washington Jet, Inc., Plaintiffs-Appellants, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided September 5, 1984.

Attorney(s) appearing for the Case

George W. Gessler, William M. Stevens, Rooks, Pitts, Fullagar & Poust, Chicago, Ill., for plaintiffs-appellants.

Richard R. Stone, Trial Atty., Dept. of Justice, Washington, D.C., for defendant-appellee.

Before ANDERSON, SKOPIL, and BOOCHEVER, Circuit Judges.

J. BLAINE ANDERSON, Circuit Judge:

Natural Gas Pipeline Co. and the five other appellants contend that the district court erroneously found in favor of the United States on their Federal Tort Claims Act action. Based on the recent Supreme Court decision in United States v. S.A. Empresa de Viacao Aerea Rio Grandense (Varig Airlines), ___ U.S. ___, 104 S.Ct. 2755, 81 L.Ed.2d 660 (1984), we remand to the district court to dismiss this action for lack of subject...

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