FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

JOSEPH OLSON, MONICA OLSON,  No. 03-15141 JAVIER VARGAS, Plaintiffs-Appellants, D.C. Nos. v.  CV-01-00663-WDB CV-02-00323-WDB UNITED STATES OF AMERICA, ORDER Defendant-Appellee.  On Remand From The United States Supreme Court

Filed January 6, 2006

Before: Betty B. Fletcher and Stephen Reinhardt, Circuit Judges, and Jane A. Restani,* Chief Judge, United States Court of International Trade.

COUNSEL

Thomas G. Cotter, Haralson, Miller, Pitt, Feldman & Mc- Anally, P.L.C., for the plaintiffs-appellants.

Peter D. Keisler, Mark B. Stern, and Dana J. Martin, Civil Division, Department of Justice, and Paul K. Charlton, United States Attorney, for the defendant-appellee.

*The Honorable Jane A. Restani, Chief Judge, United States Court of International Trade, sitting by designation.

63 64 OLSON v. UNITED STATES ORDER

This case is remanded to the district court for further pro- ceedings consistent with the decision of the United States Supreme Court in United States v. Olson, 126 S. Ct. 510 (2005). The plaintiffs-appellants shall be allowed to conduct discovery on whether the United States can be held liable under the Federal Tort Claims Act pursuant to a “private per- sons” analogy. PRINTED FOR ADMINISTRATIVE OFFICE—U.S. COURTS BY THOMSON/WEST—SAN FRANCISCO

The summary, which does not constitute a part of the opinion of the court, is copyrighted © 2006 Thomson/West.