MILLER v. U.S.

No. 89-16091.

945 F.2d 1464 (1991)

Danny Wayne MILLER, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Submission Deferred April 16, 1991.

Resubmitted September 27, 1991.

Decided October 3, 1991.


Attorney(s) appearing for the Case

Raymond P. Lee, Hofman, Salcito, Stevens & Myers, Phoenix, Ariz., for plaintiff-appellant.

Richard G. Patrick, Asst. U.S. Atty., Phoenix, Ariz., for defendant-appellee.

Before TANG, FLETCHER and REINHARDT, Circuit Judges.


PER CURIAM:

Appellant Danny Wayne Miller appeals from the district court's grant of summary judgment in favor of the defendant, United States, in an action pursuant to the Federal Tort Claims Act (FTCA), 28 U.S.C. §§ 1346 and 2671 et seq. In opposition to the United States motion for summary judgment, Miller argued, inter alia, that a genuine issue of material fact exists as to the duty of care the government owed him. He presented evidence...

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