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WHISNANT v. U.S.

No. 04-35340.

400 F.3d 1177 (2005)

Lorrin WHISNANT, individually, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed March 11, 2005.

Attorney(s) appearing for the Case

Darrell L. Cochran, Gordon, Thomas, Honeywell, Malanca, Peterson & Daheim, Tacoma, WA, for the plaintiff-appellant. Also on the briefs was Lincoln Beauregard.

Quyhn Vu Bain, Department of Justice, Washington, D.C., for the defendant-appellee. Also on the briefs was Kirsten Wilkerson.

Before: B. FLETCHER, GOULD, Circuit Judges, and KING, District Judge.

BETTY B. FLETCHER, Circuit Judge.

Plaintiff-appellant Lorrin Whisnant appeals the district court's dismissal of his Federal Tort Claims Act suit against the United States for negligence in its operation of a commissary on a naval base. Whisnant claims he became ill as a result of regular exposure to the toxic mold the government negligently allowed to colonize the commissary's meat department over a period of three years. Holding this action barred by the discretionary...

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