XUE LU v. POWELL

No. 08-56421.

621 F.3d 944 (2010)

XUE LU; Jie Hao, Plaintiffs-Appellants, v. Thomas POWELL; Robert Looney, Defendants, and United States of America, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed September 2, 2010.


Attorney(s) appearing for the Case

Vincent J. DeSimone , Venice, CA, for the plaintiffs-appellants.

Henry C. Whitaker and Thomas M. Bondy , Washington, D.C., for the defendant-appellee.

Opinion by Judge NOONAN, Partial Concurrence and Partial Dissent by Judge BYBEE.


OPINION

NOONAN, Circuit Judge:

Xue Lu (Lu) and Jie Hao (Hao) appeal the judgment of the district court dismissing their suit under the Federal Tort Claims Act (FTCA), 28 U.S.C. § 1346(b), and other claims against the United States and various officials. The FTCA incorporates the law of the state in which the tort is alleged to have occurred, in this case California, so that we are bound to interpret and apply...

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