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Cervantes v. U.S., No. 01-56929 (9th Cir.) (330 F.3d 1186) (June 2, 2003) (Judge Kim McLane Wardlaw)

Here the Court soundly rejected, as “patently without merit,” the Government’s defense of immunity in this Federal Tort Claims suit for damages, stating that its attempt to use an obscure statutory exemption was "so off the mark as to be embarrassing".

In a decision that seethes with discontent at the ...

 

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