Nature of the Case
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Facts
Olsen (P), two injured mine workers (and a spouse), sued P claiming that the negligence of federal mine inspectors helped bring about a serious accident at an Arizona mine. The Federal District Court dismissed the lawsuit because Arizona law would impose liability upon a private person in similar circumstances. The Ninth Circuit, reversed holding that, where “‘unique governmental functions’” are at issue, the Act waives sovereign immunity if “‘a state or municipal entity would be [subject to liability] under the law […] where the activity occurred.’ D appealed.
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