# Sandra Jean Smith v. United States

> Court of Appeals for the Ninth Circuit · May 1, 1991 · 932 F.2d 791

URL: https://www.frixlaw.com/law-library/cases/9481595

## Case

- **Full name:** Sandra Jean SMITH, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee
- **Court:** Court of Appeals for the Ninth Circuit
- **Decided:** May 1, 1991
- **Citations:** 932 F.2d 791; 91 Daily Journal DAR 5000; 91 Cal. Daily Op. Serv. 3095; 1991 U.S. App. LEXIS 7879; 1991 WL 65782
- **Precedential status:** Published
- **Opinion:** Concurrence by Fletcher
- **Judges:** Fernandez, Fletcher, Goodwin
- **Cited by:** 4 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9481595

## How later opinions describe it (automated extraction)

- declining to apply FTCA, in part, on basis that its venue provisions are “ill-suited” to extraterritorial application

## Opinion text

FLETCHER, Circuit Judge,
concurring in part and concurring in the judgment:
I concur in all but Part II of the majority’s opinion. I subscribe to the holding of the D.C. Circuit in Beattie v. United States, 756 F.2d 91 (D.C.Cir.1984), that Antarctica is not a foreign country within the meaning of the FTCA. Nevertheless, I agree with the majority that it would be inconsistent with EEOC v. Arabian American Oil Co., 111 S.Ct. 1227 (1991), to hold that the FTCA applies to torts occurring in Antarctica. Accordingly, I concur in the result of the majority opinion.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9481595. Public record. Not legal advice.