Robert Roush v. United States of America, Command Club Management Systems, Enlisted Men's Club

752 F.2d 1460 Robert ROUSH, Plaintiff-Appellant, v. UNITED STATES of America, Command Club Management Systems, Enlisted Men's Club, Defendant-Appellees. No. 83-6282. United States Court of Appeals, Ninth Circuit. Argued and Submitted Sept. 5, 1984. Decided Feb. 6, 1985. Edmund J. Bradley, Lichtman, Bradley & Mayuga, Santa Ana, Cal., for plaintiff-appellant. Stephen O'Neil, U.S. Atty., Los Angeles, Cal., David W. Brennan, Brennan & Hollins, Santa Ana, Cal., for U.S. Appeal from the United States District Court for the Central District of California. Before TUTTLE, 1 Senior Circuit Judge, and NORRIS and BEEZER, Circuit Judges. TUTTLE, Senior Circuit Judge: 1 We have here for consideration another suit by a serviceman against the United States and its agents based on the Federal Tort Claims Act, 28 U.S.C. Sec. 1346 (b). The complaint was met in the district court by a motion by the United States to dismiss under Rule 12(b)(6) for failure to state a claim upon which relief could be granted. The trial court dismissed the complaint, citing Feres v. United States, 340 U.S. 135 , 71 S.Ct. 153 , 95 L.Ed. 152 (1950), stating that the "plaintiff's action is hereby dismissed for lack…