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CUNNINGHAM v. UNITED STATES

No. 85-3791.

786 F.2d 1445 (1986)

Georgia CUNNINGHAM, for herself, and as Personal Representative of the Estate of Mitchell Cunningham, Deceased, and as Guardian Ad Litem for the Minor Children of the Parties, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided April 15, 1986.

Attorney(s) appearing for the Case

Leonard J. Haxby, Butte, Mont., for plaintiff-appellant.

Phyllis Jackson Pyles, Dept. of Justice, Washington, D.C., for defendant-appellee.

Before WALLACE and SKOPIL, Circuit Judges, and HENDERSON, District Judge.

SKOPIL, Circuit Judge:

Georgia Cunningham appeals from a district court's dismissal of her cause of action brought under the Federal Torts Claims Act, 28 U.S.C. § 2674 ("FTCA"). We affirm.

FACTS AND PROCEEDINGS BELOW

Mitchell Cunningham was an employee at the Stauffer Chemical Company Phosphate Plant ("Stauffer Plant") in Silverbow County, Montana. On August 14, 1982 Cunningham was sprayed with raw phosphorous. He died the following day.

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