Filing 920060106


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FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT JOSEPH OLSON, MONICA OLSON, JAVIER VARGAS, Plaintiffs-Appellants, v. UNITED STATES OF AMERICA, Defendant-Appellee. No. 03-15141 D.C. Nos. CV-01-00663-WDB CV-02-00323-WDB ORDER On Remand From The United States Supreme Court Filed January 6, 2006 Before: Betty B. Fletcher and Stephen Reinhardt, Circuit Judges, and Jane A. Restani,* Chief Judge, United States Court of International Trade. COUNSEL Thomas G. Cotter, Haralson, Miller, Pitt, Feldman & McAnally, P.L.C., for the plaintiffs-appellants. Peter D. Keisler, Mark B. Stern, and Dana J. Martin, Civil Division, Department of Justice, and Paul K. Charlton, United States Attorney, for the defendant-appellee. *The Honorable Jane A. Restani, Chief Judge, United States Court of International Trade, sitting by designation. 63 64 OLSON v. UNITED STATES ORDER This case is remanded to the district court for further proceedings consistent with the decision of the United States Supreme Court in United States v. Olson, 126 S. Ct. 510 (2005). The plaintiffs-appellants shall be allowed to conduct discovery on whether the United States can be held liable under the Federal Tort Claims Act pursuant to a "private persons" analogy. PRINTED FOR ADMINISTRATIVE OFFICE--U.S. COURTS BY THOMSON/WEST--SAN FRANCISCO The summary, which does not constitute a part of the opinion of the court, is copyrighted 2006 Thomson/West.

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