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STAPLE v. UNITED STATES

No. 82-5790.

740 F.2d 766 (1984)

Lillian STAPLE, Plaintiff-Appellant, v. UNITED STATES of America, Southern California Rapid Transit District, Pedro Luis Perez and Deborah Ann Lambert, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided August 17, 1984.

Attorney(s) appearing for the Case

Franco A. Baratta, Mackey & Rozanski, Los Angeles, Cal., for plaintiff-appellant.

James R. Sullivan, Asst. U.S. Atty., Los Angeles, Cal., for defendants-appellees.

Before FLETCHER and NELSON, Circuit Judges, and MUECKE, District Judge.

MUECKE, District Judge:

Lillian Staple filed this tort suit in state court against an individual employee of the federal government. The Attorney General removed it to federal court and substituted the United States as defendant pursuant to the Federal Drivers Act, 28 U.S.C. § 2679(b)-(e) ("Drivers Act"). We must first decide whether the action was properly dismissed in federal court on the ground that Staple filed it in state court before exhausting her federal...

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