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SPLETSTOSER v. HYTEN

No. 20-56180.

44 F.4th 938 (2022)

Kathryn SPLETSTOSER, as an individual, Plaintiff-Appellee, v. John E. HYTEN, as an individual; United States Of America, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Filed August 11, 2022.

Attorney(s) appearing for the Case

Lowell V. Sturgill Jr. (argued) and Mark B. Stern , Appellate Staff; Tracy Wilkison , Acting United States Attorney; Reginald M. Skinner , Senior Trial Attorney; Richard Montague , Senior Trial Counsel; Brian M. Boynton , Acting Assistant Attorney General; Civil Division, United States Department of Justice, Washington, D.C.; for Defendants-Appellants.

Ariel E. Solomon (argued), Solomon Law Firm PLLC, Albany, New York; Majed Dakak and Trevor V. Stockinger , Kesselman Brantly Stockinger LLP, Manhattan Beach, California; for Plaintiff-Appellee.

Don Christensen , Protect Our Defenders, Alexandria, Virginia, for Amici Curiae Protect Our Defenders, Not In My Marine Corps, and Service Women's Action Network.

Brian K. Lewis , Francis White Law PLLC, Woodbury, Minnesota, for Amici Curiae Combat Sexual Assault, Never Alone Advocacy, and Maven Foundation.

Before: Johnnie B. Rawlinson and Consuelo M. Callahan, Circuit Judges, and Frederic Block, District Judge.

OPINION

This case requires us to once again consider application of the doctrine established in Feres v. United States, 340 U.S. 135, 71 S.Ct. 153, 95 L.Ed. 152 (1950). Plaintiff-Appellee Kathryn Spletstoser (Spletstoser), a former Colonel in the United States Army,

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