Wright v. United States

599 F.2d 304 Francis G. WRIGHT, as Guardian of the Person and Estate of Patrick W. Cary, a minor and incompetent, and James Cary and Kathleen Cary, Individually, Appellants, v. UNITED STATES of America, Appellee. No. 77-2265. United States Court of Appeals, Ninth Circuit. June 25, 1979. Thomas H. Foulds, Foulds, Felker, Gelfand & Hodges, P. S., Seattle, Wash., Thomas A. Olson, U. S. Atty., Billings, Mont., for appellants. James E. Purcell, Hensingen, Purcell & Genzberger, P. C., Butte, Mont., for appellee. Appeal from the United States District Court for the District of Montana. Before ELY and GOODWIN, Circuit Judges, and EAST * , District Judge. PER CURIAM: 1 The parents and guardian of a child injured in a swimming pool accident appeal a summary judgment in favor of the government in an action for damages under the Federal Tort Claims Act. We affirm. 2 The relevant factors are undisputed. The injuries were serious, and the negligence alleged would have made out a claim for relief against the swimming-pool operator. The operator, however, is insolvent. 3 The issue before us is whether the federal government, as a lender of money to the Sleeping Buffalo Recreation…