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MYERS v. U.S.

No. 09-56092.

652 F.3d 1021 (2011)

C. MYERS, guardian ad litem; L.M., a minor, Plaintiffs-Appellants, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed July 15, 2011.

Attorney(s) appearing for the Case

Stephen T. Cox, Cox and Moyer, Pebble Beach, CA, and Scott J. Allen, LaRiviere, Grubman & Payne, L.L.P., Monterey, CA, for the plaintiff-Appellant.

Karen P. Hewitt, United States Attorney, S.D. Cal., San Diego, CA; Tony West, AAG Civil Div.; J. Patrick Glynn, Dir., Torts Branch; Adam Bain, Sr. Trial Counsel, Torts Branch; Kirsten L. Wilkerson,   Charles A. Quinlan III,   John J. Schoemehl, Trial Attorneys, Torts Branch, Washington, D.C., for the defendant-appellee.

Opinion by Judge Bennett; Partial Concurrence and Partial Dissent by Judge Rawlinson.

OPINION

BENNETT, District Judge:

Plaintiffs seek damages from the United States for injuries to a child allegedly caused by exposure to the toxic heavy metal thallium from soil dumped into a landfill adjacent to the child's residence and school. The child, by her guardian ad litem, appeals a decision of the district court finding that the United States acted "reasonably" and did not breach any duty in conducting the soil remediation project. The district...

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