95 Cal. Daily Op. Serv. 9373, 95 Daily Journal D.A.R. 16,345 Sally Jo Miller, Individually and as Personal Representative of the Estate of Lawrence Miller Thomas Miller Michelle Miller John Miller Kenneth Miller v. United States

73 F.3d 878 95 Cal. Daily Op. Serv. 9373 , 95 Daily Journal D.A.R. 16,345 Sally Jo MILLER, individually and as personal representative of the estate of Lawrence Miller; Thomas Miller; Michelle Miller; John Miller; Kenneth Miller, Plaintiffs-Appellants, v. UNITED STATES of America, Defendant-Appellee. No. 94-35629. United States Court of Appeals, Ninth Circuit. Argued and Submitted Oct. 19, 1995. Decided Dec. 11, 1995. 1 Dennis McCafferty, James, Gray & McCafferty, Great Falls, Montana, for plaintiffs-appellants. 2 George F. Darragh, Assistant United States Attorney, Great Falls, Montana, for defendant-appellee. 3 Appeal from the United States District Court for the District of Montana. 4 Before: REINHARDT and TROTT, Circuit Judges, and SCHWARZER, Senior District Judge. * SCHWARZER, Senior District Judge: 5 Plaintiff, the widow of an Army sergeant who died in a military hospital in Japan, appeals the dismissal of her action against the government for negligent infliction of emotional distress. The issues on appeal are: (1) whether the foreign country exception of the Federal Tort Claims Act ("FTCA"), 28 U.S.C. Sec. 2680 (k), in conjunction with the exclusive remedy provision of…