The Travelers Indemnity Company of Illinois, Plaintiff-appellee, v. United States of America, Defendant-appellant, 131 F.3d 148 (9th Cir. 1997)

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U.S. Court of Appeals for the Ninth Circuit - 131 F.3d 148 (9th Cir. 1997)

Submitted Nov. 17, 1997**Decided Nov. 20, 1997


Appeal from the United States District Court for the Central District of California, No. CV-90-05237-MRP (Ex); Mariana R. Pfaelzer, District Judge, Presiding

Before HUG, Chief Judge; BEEZER and PREGERSON, Circuit Judges.


MEMORANDUM* 

The United States appeals the district court's judgment in favor of Travelers Indemnity Company of Illinois, in Travelers' action pursuant to the Federal Tort Claims Act ("FTCA"), 28 U.S.C. §§ 2671 et seq. The district court lacked jurisdiction because the government conduct at issue is covered by the FTCA's discretionary function exception, 28 U.S.C. § 2680(a). See National Union Fire Insurance v. United States, 115 F.3d 1415 (9th Cir. 1997).

REVERSED.

 **

The panel unanimously finds this case suitable for decision without oral argument. See Fed. R. App. P. 34(a); 9th Cir. R. 34-4

 *

This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9th Cir. R. 36-3