Ronald W. Foster Edgar F. Forsling John M. Jessop v. United States of America Rca Corporation

56 F.3d 71 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Ronald W. FOSTER; Edgar F. Forsling; John M. Jessop, Plaintiffs-Appellants, v. UNITED STATES of America; RCA Corporation, Defendants-Appellees. No. 94-35361. United States Court of Appeals, Ninth Circuit. Argued and Submitted April 10, 1995. Submission Withheld May 8, 1995. Resubmitted May 15, 1995. Decided May 24, 1995. Before: WRIGHT, POOLE and WIGGINS, Circuit Judges. 1 MEMORANDUM * 2 While working on an Air Force radar antenna, plaintiffs were exposed to radio frequency radiation. They and their families sued the United States and RCA for personal injuries. The court granted summary judgment for all defendants, holding that they did not cause the accident. The court also dismissed the action against the United States as barred by the Federal Tort Claims Act's (FTCA) discretionary function exception under 28 U.S.C. Sec. 1346 (b). Plaintiffs appeal. We have jurisdiction under 28 U.S.C. Sec. 1291 . We affirm. 1.…