Tollefsen & Company, P.C., an Oregon Corporation John J. Tollefsen Lane E. Tollefsen, and Their Marital Community v. United States

967 F.2d 591 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. TOLLEFSEN & COMPANY, P.C., an Oregon corporation; John J. Tollefsen; Lane E. Tollefsen, and their marital community, Plaintiffs-Appellants, v. UNITED STATES of America, Defendant-Appellee. No. 91-35785. United States Court of Appeals, Ninth Circuit. Submitted June 3, 1992. * Decided June 5, 1992. Before FARRIS, WILLIAM A. NORRIS and KOZINSKI, Circuit Judges. MEMORANDUM ** The district court held that it lacked jurisdiction to review the Attorney General's certification under 28 U.S.C. § 2679 (d)(1) that the three originally named defendants were acting within the scope of their employment at the time of the actions that gave rise to this suit. Accordingly, it substituted the United States as defendant without considering whether the original defendants were acting within the scope of their employment. The district court's dismissal of the suit for failure to exhaust administrative remedies turned on the…