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MILLER v. U.S.

No. 94-35629.

73 F.3d 878 (1995)

Sally Jo MILLER, individually and as personal representative of the estate of Lawrence Miller; Thomas Miller; Michelle Miller; John Miller; Kenneth Miller, Plaintiffs-Appellants, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided December 11, 1995.

Attorney(s) appearing for the Case

Dennis McCafferty, James, Gray & McCafferty, Great Falls, Montana, for plaintiffs-appellants.

George F. Darragh, Assistant United States Attorney, Great Falls, Montana, for defendant-appellee.

Before: REINHARDT and TROTT, Circuit Judges, and SCHWARZER, Senior District Judge.

SCHWARZER, Senior District Judge:

Plaintiff, the widow of an Army sergeant who died in a military hospital in Japan, appeals the dismissal of her action against the government for negligent infliction of emotional distress. The issues on appeal are: (1) whether the foreign country exception of the Federal Tort Claims Act ("FTCA"), 28 U.S.C. § 2680(k), in conjunction with the exclusive remedy provision of the Federal Employees Liability Reform and Tort Compensation...

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