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GALLEA v. UNITED STATES

No. 85-1856.

779 F.2d 1403 (1986)

Claire E. GALLEA and Linda S. Huckleberry, Plaintiffs-Appellants, v. UNITED STATES of America, Defendant-Appellee, and Rodney Smith, Defendant.

United States Court of Appeals, Ninth Circuit.

Decided January 2, 1986.

Attorney(s) appearing for the Case

Michael J. Veiluva, Trembath, McCabe, Schwartz, Evans & Levy, Concord, Cal., for plaintiffs-appellants.

Thomas R. Port, La Follette, Johnson, Schroeter & DeHaas, San Francisco, Cal., for defendant-appellee.

Before WRIGHT, KENNEDY and BEEZER, Circuit Judges.

EUGENE A. WRIGHT, Circuit Judge.

The issue presented is whether a federal enclave which sells alcohol to an obviously intoxicated minor is immune from tort liability under the Federal Tort Claims Act ("FTCA") because it is exempt from California liquor licensing requirements.

BACKGROUND

In 1983, Candy Lynn Gallea and Rodney Smith, both minors, became intoxicated in the Enlisted Club Marine Barracks ("Club"). The Club is operated by the Department...

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