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AGUILAR v. U.S.

No. 89-16018.

920 F.2d 1475 (1990)

John A. AGUILAR; Karen M. Aguilar, husband and wife, Plaintiffs-Appellants, v. UNITED STATES of America; United States Department of the Interior, Bureau of Reclamation, a subdivision thereof, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided December 11, 1990.

Attorney(s) appearing for the Case

Richard Crenshaw, Vermeire & Turley, Phoenix, Ariz., for plaintiffs-appellants.

Mark B. Stern, U.S. Dept. of Justice, Washington, D.C., for defendants-appellees.

Before TANG, NOONAN, and RYMER, Circuit Judges.

TANG, Circuit Judge:

John Aguilar sued the United States under the Federal Tort Claims Act ("FTCA"), 28 U.S.C. §§ 1346(b), 2674, for personal injuries he suffered from the alleged negligence of a federal employee. The district court granted partial summary judgment for the government, holding that the FTCA incorporates a Nevada state law cap on damages, limiting the government's potential liability. Aguilar appealed upon certification and the grant of an...

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