Court of Appeals for the Ninth Circuit January 12, 1984, 83-2114 (John Proud, Individually and as Next Friend of Heather Proud, a Minor v. United States)

PREGERSON, Circuit Judge:

John Proud, individually and as next friend of Heather Proud, a minor, appeals the district court’s dismissal of the complaint for failure to state a claim upon which relief can be granted. Plaintiff filed suit in federal court seeking damages under the Federal Tort Claims Act (FTCA), 28

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U.S.C. §§ 1346(b), 2671-2680 (1976 & Supp.