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LANDRETH BY AND THROUGH ORE v. U.S.

No. 86-5732.

850 F.2d 532 (1988)

Cara Lyn Landreth, a Minor, By and Through her Guardian Ad Litem, Joseph Y. ORE, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided June 23, 1988.

Attorney(s) appearing for the Case

H.G. Robert Fong, Ku & Fong, Los Angeles, Cal., for plaintiff-appellant.

Shari Silver, Asst. U.S. Atty., Los Angeles, Cal., for defendant-appellee.

Before FARRIS and REINHARDT, Circuit Judges, and McKIBBEN, District Judge.

McKIBBEN, District Judge:

Plaintiff, Cara Lyn Landreth, by her guardian ad litem, appeals from a judgment dismissing her action against the United States under the Federal Tort Claims Act (FTCA), 28 U.S.C. §§ 1346(b), 2671 et seq. We affirm.

I. FACTS AND PROCEDURAL POSTURE

During the morning of March 30, 1973 Cara Lyn Landreth, who was then eleven months old, swallowed a portion of her mother...

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