Elphage Louis Boudreaux, Plaintiff-appellant, v. United States of America, Defendant-appellee,, 988 F.2d 117 (9th Cir. 1993)

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U.S. Court of Appeals for the Ninth Circuit - 988 F.2d 117 (9th Cir. 1993)

Argued and Submitted March 3, 1993. Decided March 11, 1993


Appeal from the United States District Court for the Central District of California; No. CV-90-1364-FW, Francis C. Whelan, District Judge, Presiding.

C.D. Cal.

AFFIRMED IN PART, REVERSED IN PART AND REMANDED.

Before JAMES R. BROWNING, HUG and KOZINSKI, Circuit Judges.


ORDER

The district court's finding on the liability of the United States of America is affirmed. We conclude that the district court clearly erred by awarding inadequate damages. We therefore remand for reconsideration of the amount of damages.

AFFIRMED IN PART, REVERSED IN PART AND REMANDED.