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SIMMONS v. UNITED STATES

No. 85-3835.

805 F.2d 1363 (1986)

Jerrie M. SIMMONS, Plaintiff-Appellee, v. UNITED STATES of America, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided December 9, 1986.

Attorney(s) appearing for the Case

David A. Summers, Seattle, Wash., for plaintiff-appellee.

Susan L. Barnes, Seattle, Wash., for defendant-appellant.

Before WRIGHT, TANG and REINHARDT, Circuit Judges.

TANG, Circuit Judge:

The Government appeals an award under the Federal Tort Claims Act (FTCA) to a woman who sued because her Indian Health Service counselor wrongfully engaged her in a sexual relationship. The appeal raises two basic questions: whether Ms. Simmons' claim was barred by the statute of limitations and whether, even if not barred, there was any substantive basis for the Government's liability. We affirm.

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