DICHTER-MAD FAMILY PARTNERS, LLP v. U.S.

No. 11-55577.

709 F.3d 749 (2013)

DICHTER-MAD FAMILY PARTNERS, LLP; Philip Jay Dichter; Claudia Gvirtzman Dichter; Richard M. Gordon, Plaintiffs-Appellants, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed February 12, 2013.


Attorney(s) appearing for the Case

Richard H. Gordon (argued), Beverly Hills, CA, and Philip J. Dichter , Malibu, CA, for Appellants.

Sparkle Sooknanan (argued), Lindsey Powell , Mark B. Stern , and Tony West , United States Department of Justice, Washington, D.C.; and André Birotte, Jr. , United States Attorney, Los Angeles, CA, for Appellee.

Before: STEPHEN REINHARDT, KIM McLANE WARDLAW, and RICHARD A. PAEZ, Circuit Judges.


ORDER

The opinion and appendix filed on January 28, 2013 are withdrawn. A new opinion and appendix are filed concurrently with this order.

IT IS SO ORDERED.

OPINION

PER CURIAM:

After careful de novo review of the record in this appeal, we conclude that the district court correctly concluded that it lacked jurisdiction to entertain Appellants' claims because they fall within the "discretionary function" exception to...

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