United States Ninth Circuit

Dismissal of plaintiff's Federal Tort Claims Act(FTCA) suit, alleging negligence in the government's operation of a commissary on a naval base, is reversed where the discretionary function exception to the FTCA does not bar plaintiff's suit.

Appellate Information

• Argued 02/18/2005
• Decided 03/11/2005
• Published 03/11/2005

Judges

• BETTY B. FLETCHER, Circuit Judge., Before:  B. FLETCHER, GOULD, Circuit Judges, and KING, District Judge.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Darrell L. Cochran, Gordon, Thomas, Honeywell, Malanca, Peterson & Daheim, Tacoma, WA, for the plaintiff-appellant.   Also on the briefs was Lincoln Beauregard.


• For Appellees:
  
• Quyhn Vu Bain, Department of Justice, Washington, D.C., for the defendant-appellee.   Also on the briefs was Kirsten Wilkerson.