United States Court of Appeals FOR THE EIGHTH CIRCUIT ___________

No. 09-3112 ___________

Andrew Gladue; Beatrice Vivier, * * Appellants, * * Appeal from the United States v. * District Court for the * District of North Dakota. United States of America, * * [UNPUBLISHED] Appellee. * ___________

Submitted: April 7, 2010 Filed: April 15, 2010 ___________

Before RILEY,1 Chief Judge, BYE and SHEPHERD, Circuit Judges. ___________

PER CURIAM.

Andrew Gladue and Beatrice Vivier appeal the district court’s2 adverse grant of summary judgment in their Federal Tort Claims Act action. Upon de novo review, see Johnson v. Blaukat, 453 F.3d 1108, 1112 (8th Cir. 2006), we conclude summary judgment was proper for the reasons the district court stated. We affirm. See 8th Cir. R. 47B. ______________________________

1 The Honorable William Jay Riley became Chief Judge of the United States Court of Appeals for the Eighth Circuit on April 1, 2010. 2 The Honorable Daniel L. Hovland, United States District Judge for the District of North Dakota.