FANG v. U.S.

Nos. 96-56800, 97-55028.

140 F.3d 1238 (1998)

Pearl Bei Lei FANG, as the Mother of Freda Fang, decedent, Plaintiff-Appellant, v. UNITED STATES of America; County of Tulare; Kevin Bohl, individually and as a deputy sheriff/coroner; Toyota Motor Sales, U.S.A., Inc.; Petrel International Co., Ltd., dba Sino Auto Service, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided March 31, 1998.

Attorney(s) appearing for the Case

Ronald E. Hermanson; Michael G. Nutter, Law Offices of Michael S. Yu, Alhambra, California, for appellant.

Julie Zatz, Assistant United States Attorney, Los Angeles, California; Alan J. Lazarus, Preuss Walker & Shanagher LLP, San Francisco, California, for appellees.

Before: FLETCHER, MAGILL, and T.G. NELSON, Circuit Judges.

T.G. NELSON, Circuit Judge:

Plaintiff appeals the district court's grant of summary judgment in favor of the United States which dismissed her claims for lack of subject matter jurisdiction. The court found that the claims challenged discretionary functions as contemplated by 28 U.S.C. § 2680(a), which exempts certain conduct from the limited waiver of sovereign immunity created by the Federal Tort Claims Act, 28 U...

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