Richard Brizendine, Keenan Brizendine, a Minor by His Guardian Ad Litem, Richard Brizendine v. United States

21 F.3d 1111 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Richard BRIZENDINE, Keenan Brizendine, a Minor by His Guardian ad Litem, Richard Brizendine, Plaintiffs-Appellants, v. UNITED STATES of America, Defendant-Appellee. No. 92-56008. United States Court of Appeals, Ninth Circuit. Argued and Submitted Feb. 3, 1994. Decided April 14, 1994. Before: BROWNING, FERGUSON AND KLEINFELD, Circuit Judges. 1 MEMORANDUM * 2 We affirm. 3 We review the grant of summary judgment to the government de novo, drawing those inferences from the evidence most favorable to the Brizendines to determine whether there exist genuine issues of material fact regarding their claims. Jones v. Union Pac. R.R. Co., 968 F.2d 937, 940 (9th Cir.1992). 4 A. Agent or Independent Contractor. 5 We do not consider plaintiffs' argument that Shubin was an "agent" of the government and not an independent contractor. This was not among the three theories of liability upon which plaintiffs' opposition to summary…