Olson v. United States ( 2006 )

FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
JOSEPH OLSON, MONICA OLSON,  No. 03-15141
JAVIER VARGAS,
Plaintiffs-Appellants, D.C. Nos.
v.  CV-01-00663-WDB
CV-02-00323-WDB
UNITED STATES OF AMERICA,
ORDER
Defendant-Appellee.

On Remand From
The United States Supreme Court
Filed January 6, 2006
Before: Betty B. Fletcher and Stephen Reinhardt,
Circuit Judges, and Jane A. Restani,* Chief Judge,
United States Court of International Trade.
COUNSEL
Thomas G. Cotter, Haralson, Miller, Pitt, Feldman & Mc-
Anally, P.L.C., for the plaintiffs-appellants.
Peter D. Keisler, Mark B. Stern, and Dana J. Martin, Civil
Division, Department of Justice, and Paul K. Charlton, United
States Attorney, for the defendant-appellee.
*The Honorable Jane A. Restani, Chief Judge, United States Court of
International Trade, sitting by designation.
63
64 OLSON v. UNITED STATES
ORDER
This case is remanded to the district court for further pro-
ceedings consistent with the decision of the United States
Supreme Court in United States v. Olson, 126 S. Ct. 510
(2005). The plaintiffs-appellants shall be allowed to conduct
discovery on whether the United States can be held liable
under the Federal Tort Claims Act pursuant to a “private per-
sons” analogy.
PRINTED FOR
ADMINISTRATIVE OFFICE—U.S. COURTS
BY THOMSON/WEST—SAN FRANCISCO
The summary, which does not constitute a part of the opinion of the court, is copyrighted
© 2006 Thomson/West.