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SCHOENFELD v. QUAMME

No. 05-55126.

492 F.3d 1016 (2007)

Aaron SCHOENFELD, Plaintiff-Appellant, v. Erik QUAMME, Defendant, and United States of America, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed July 2, 2007.

Attorney(s) appearing for the Case

Thomas F. Friedberg, Law Offices of Friedberg & Bunge, San Diego, CA, for the plaintiff-appellant.

Peter D. Keisler, Assistant Attorney General, Carol C. Lam, United States Attorney, Robert S. Greenspan, Attorney, and Lowell V. Sturgill, Jr., Attorney (argued), for the defendant-appellee.

Before: PAMELA ANN RYMER, KIM McLANE WARDLAW, and MILAN D. SMITH, JR., Circuit Judges.

WARDLAW, Circuit Judge:

Lance Corporal Aaron Schoenfeld lost his leg while a passenger in his roommate's car when it crashed into a previously damaged, but unrepaired, guardrail on a military base. The sole issue on appeal is whether the Feres doctrine, which immunizes the government from suit for injuries arising incident to military service, bars Schoenfeld's claim against the government under the Federal Tort Claims Act ("FTCA"). The district court determined...

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