Joyce Atkinson v. United States

NELSON, Circuit Judge: ■

The petition for rehearing is granted. In light of United States v. Johnson, — U.S. -, 107 S.Ct. 2063, 95 L.Ed.2d 648 (1987), the opinion published at 804 F.2d 561 (9th Cir.1986), modified, 813 F.2d 1006 (9th Cir.1987), is withdrawn and the following opinion is issued. The suggestion for rehearing en banc is moot.

Plaintiff-appellant Joyce Atkinson appeals from the district court’s grant of summary judgment in favor of the defendant-appellee United States. Atkinson argues that the court erred in finding the United States immune from liability under the Federal Tort…