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JOVANOVICH v. U.S.

No. 85-4409.

813 F.2d 1035 (1987)

Peter JOVANOVICH and Julienne Jovanovich, his wife, Plaintiffs-Appellees, v. UNITED STATES of America, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided April 1, 1987.

Attorney(s) appearing for the Case

Wade J. Dahood, Anaconda, Mont., for plaintiffs-appellees.

Michael E. Robinson, Marc P. Richman, Richard K. Willard, Bryan H. Dunbar, Washington, D.C., for defendant-appellant.

Before GOODWIN, SCHROEDER and FARRIS, Circuit Judges.

SCHROEDER, Circuit Judge:

The United States Government appeals from an adverse judgment in a tort claims action. We must affirm, for the issues raised on appeal were not raised in the trial court and cannot provide any basis for reversal.

Peter Jovanovich was seriously injured while he was attempting to service a United States Air Force Minuteman missile container during rail transportation. Jovanovich was an employee of the Burlington Northern Railroad, to...

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