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MARTIN BY AND THROUGH MARTIN v. U.S.

Nos. 92-15322, 92-15611 and 92-15593.

984 F.2d 1033 (1993)

Jennifer MARTIN; Elizabeth Martin, By and Through their Guardian ad Litem, Vikki MARTIN; and Vikki Martin, individually, Plaintiffs-Appellants, v. UNITED STATES of America, Defendant-Appellee. Jennifer MARTIN; Elizabeth Martin, By and Through their Guardian ad Litem, Vikki MARTIN; and Vikki Martin, individually, Plaintiffs-Appellees, v. UNITED STATES of America, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided January 28, 1993.

Attorney(s) appearing for the Case

Don E. Bailey, Carnes & Bailey, San Francisco, CA, for plaintiffs-appellants-cross-appellees.

Henry D. Gabriel, U.S. Dept. of Justice, Washington, DC, for defendant-appellee-cross-appellant.

Before: GOODWIN, O'SCANNLAIN, and RYMER, Circuit Judges.

RYMER, Circuit Judge:

Jennifer Martin was abducted and raped while on an outing from a day care center operated by the government.1 Her sister, Elizabeth, was also on the outing and was aware that Jennifer had disappeared. Elizabeth and the children's mother, Vikki, learned what had happened to Jennifer after Jennifer had been found by the police. All three brought suit under the Federal Tort Claims Act, 28 U.S.C. §§ 1346(b)...

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