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KEARNEY v. U.S.

No. 85-6393.

815 F.2d 535 (1987)

Patrick KEARNEY, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided April 17, 1987.

Attorney(s) appearing for the Case

Karl Seuthe, Kathy B. Seuthe, Los Angeles, Cal., for plaintiff-appellant.

Shari K. Silver and Stephen E. O'Neil, Los Angeles, Cal., for defendant-appellee.

Before GOODWIN, TANG and FLETCHER, Circuit Judges.

GOODWIN, Circuit Judge:

Patrick Kearney appeals a summary judgment for the defense, applying the assault and battery exception to the Federal Tort Claims Act, 28 U.S.C. § 2680(h), to bar recovery from the government for the wrongful death of his wife, Sheree, at the hands of Army Private Jaime Medrano.

In August 1980, Medrano had been assigned to the Army Retraining Brigade at Camp Funston, Fort Riley, Kansas, for an undisclosed military violation and...

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