No. 89-35088.

932 F.2d 791 (1991)

Sandra Jean SMITH, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided May 1, 1991.

Attorney(s) appearing for the Case

David Gernant, Portland, Or., for plaintiff-appellant.

Mark B. Stern, Appellate Staff Civil Div., U.S. Dept. of Justice, Washington, D.C., for defendant-appellee.

Before GOODWIN, FLETCHER and FERNANDEZ, Circuit Judges.

GOODWIN, Circuit Judge:

Sandra Jean Smith appeals the Rule 12 dismissal of her Federal Tort Claims Act (FTCA) action for the wrongful death of her husband. Smith's action alleged negligent acts or omissions by the United States in Antarctica. The district court dismissed her claim under the "foreign country" exception to the statute. Smith v. United States, 702 F.Supp. 1480 (D.Or.1989). We affirm.1

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