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GAGER v. U.S.

No. 97-15710.

149 F.3d 918 (1998)

Kenneth GAGER; Deanna Gager, Plaintiffs-Appellants, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided June 26, 1998.

Attorney(s) appearing for the Case

Oscar B. Goodman, Las Vegas, NV, for plaintiffs-appellants.

E. Roy Hawkens, Assistant United States Attorney, Washington, DC, for defendant-appellee.

Before: D.W. NELSON, REINHARDT, and WIGGINS, Circuit Judges.

WIGGINS, Circuit Judge:

Kenneth and Deanna Gager sued the United States under the Federal Tort Claims Act ("FTCA") after the United States Postal Service ("Postal Service") unwittingly delivered a mail bomb to them. In their suit, the Gagers alleged negligent training and supervision of Postal Service employees. The district court dismissed the action for lack of subject matter jurisdiction. Specifically, the court held that both the postal matter exception, 28 U...

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