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FOSTER v. U.S.

No. 89-16002.

923 F.2d 765 (1991)

Joseph Curtis FOSTER; Jaimi Lynn Foster; Charles Bloch; Associated Aviation Underwriters, Plaintiffs-Appellants, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided January 24, 1991.

Attorney(s) appearing for the Case

Patrick Talbot Hall, San Francisco, Cal., for plaintiffs-appellants.

Thomas B. Almy and Daniel L. Reich, U.S. Dept. of Justice, Vicki Leemon, Federal Aviation Admin., Washington, D.C., for defendant-appellee.

Before HUG, BEEZER and BRUNETTI, Circuit Judges.

BRUNETTI, Circuit Judge:

Plaintiffs appeal the district court's grant of summary judgment in favor of defendant United States and dismissal of Plaintiffs' complaint. Plaintiffs' claim was based on the Federal Tort Claims Act, 28 U.S.C. §§ 2671-2680 (1988).

The district court granted summary judgment on the ground that the discretionary function exception to the Federal Tort Claims Act, 28 U.S.C. § 2680(a) (1988), barred the claim against the...

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