Nos. 87-2554, 87-2579

Good Law
866 F.2d 287
United States Court of Appeals for the Ninth CircuitJanuary 20, 1989287California3,662 words

Opinion

Opinion

866 F.2d 287 James CAMOZZI, Plaintiff-Appellant, v. ROLAND/MILLER AND HOPE CONSULTING GROUP, Joint Venture, Defendant, and United States of America, and Does 1 through 100, Inclusive, Defendants-Appellees. Gary LESSNAU, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee. Nos. 87-2554, 87-2579. United States Court of Appeals, Ninth Circuit. Argued May 9, 1988. Submitted Dec. 5, 1988. Decided Jan. 20, 1989. Patrick W. Coyle, Ernst & Coyle, Santa Rosa, Cal., for plaintiffs-appellants. Andrew M. Wolfe, Asst. U.S. Atty., San Francisco, Cal., for defendants-appellees. Appeal from the United States District Court for the Northern District of California. Before BROWNING, ALARCON and NORRIS, Circuit Judges. JAMES R. BROWNING, Circuit Judge: 1 James Camozzi and Gary Lessnau were injured during construction of a United States Post Office in Petaluma, California. Both sued the United States under the Federal Tort Claims Act (FTCA). Summary judgment was granted in favor of the United States on the ground that USPS's alleged negligence occurred in the performance of a discretionary function. 1 See 28 U.S.C. Sec. 2680 (a). 2 We reverse. 2 The United States Postal Service…

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