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FOSTER v. U.S.

No. 06-56843.

522 F.3d 1071 (2008)

Thomas FOSTER, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed April 16, 2008.

Attorney(s) appearing for the Case

Richard M. Barnett, San Diego, CA, for the plaintiff-appellant.

David B. Wallace, Assistant United States Attorney, San Diego, CA, for the defendant-appellee.

Before: JOHN R. GIBSON, DIARMUID F. O'SCANNLAIN, and SUSAN P. GRABER, Circuit Judges.

GRABER, Circuit Judge:

Plaintiff Thomas Foster sued the United States under the Federal Tort Claims Act ("FTCA"), 28 U.S.C. § 1346(b), alleging that agents of the Bureau of Alcohol, Tobacco, and Firearms ("ATF") damaged hundreds of his handguns and long guns, as well as ammunition and packaging, which the ATF agents had seized. The district court dismissed the action for lack of subject matter jurisdiction. Specifically, the court ruled that the government had...

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