Legal Opinion

Mildred Martin v. United States

Court of Appeals for the Ninth Circuit

Decided May 11, 1981No. 78-2789PublishedCited by 33 opinions

1Opinion of the Court

HUG, Circuit Judge:

Plaintiff Mildred Martin brought this action under the Federal Tort Claims Act (FTCA), 28 U.S.C. § 1346(b), for injuries she sustained when a bath tub downspout broke in the house her mother had recently purchased from a government agency. The Government appeals on evidentiary grounds, and on the ground that the FTCA is inapplicable to a cause of action founded in a breach of contract. We affirm.

I

Mrs. Martin’s mother purchased a house which had been repossessed by the Veterans Administration (VA). The VA, before putting the house on the market, hired a property manager to…

2Cases cited12 opinions

  1. Dalehite v. United StatesSupreme Court of the United States · 1953
  2. Feres v. United StatesSupreme Court of the United States · 1950
  3. Stencel Aero Engineering Corp. v. United StatesSupreme Court of the United States · 1977
  4. Libby, McNeill, & Libby v. City National BankCourt of Appeals for the Ninth Circuit · 1978
  5. Ray B. Woodbury v. United StatesCourt of Appeals for the Ninth Circuit · 1963

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3Cited by33 opinions

  1. Klamath-Lake Pharmaceutical Ass'n v. Klamath Medical Service BureauCourt of Appeals for the Ninth Circuit · 1983
  2. Fort Vancouver Plywood Co., a Washington Corporation v. United StatesCourt of Appeals for the Ninth Circuit · 1984
  3. Gail C. Hass and Michael Hass v. Darigold Dairy Products Co., and Teamsters Union, Local 66Court of Appeals for the Ninth Circuit · 1985
  4. Fed. Sec. L. Rep. P 91,479 in Re U.S. Financial Securities Litigation. Societe Generale De Banque, Rentinvest, North American Fund a and Itf Fund, Ltd. v. Touche Ross & Co., Societe Generale De Banque, Rentinvest, North American Fund a and Itf Fund, Ltd. v. Brown, Wood, Fuller, Caldwell & Ivey and Brown, Wood, Ivey, Mitchell & PettyCourt of Appeals for the Ninth Circuit · 1984
  5. Glen Hanson, a Minor, by and Through His Guardian Ad Litem, Catherine Hanson, and Duane Hanson v. The Prudential Insurance Company of AmericaCourt of Appeals for the Ninth Circuit · 1986

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