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SUMMERS v. U.S.

No. 87-15048.

905 F.2d 1212 (1990)

Kendra SUMMERS, a minor, and Frederick J. Summers, guardian ad Litem, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided January 18, 1990.

As Amended June 26, 1990.

Attorney(s) appearing for the Case

Arnold I. Berschler, San Francisco, Cal. and Les Scher, Garberville, Cal., for plaintiff-appellant.

Stephen L. Schirle, Asst. U.S. Atty., San Francisco, Cal., for defendant-appellee.

Before GOODWIN, Chief Judge, and PREGERSON and REINHARDT, Circuit Judges.

GOODWIN, Chief Judge:

Kendra Summers appeals a judgment in favor of the United States in her action brought under the Federal Tort Claims Act (FTCA), 28 U.S.C. §§ 2671 et seq., to recover for an injury to her foot which occurred at Rodeo Beach, part of a park operated by the National Park Service.

The district court erred in finding her action barred under the discretionary function exception to the FTCA, 28 U.S.C. § 1346(b).

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