What is the test for determining whether a plaintiff has been denied a right to sue for damages by the Court of Appeal?

MultiRegion, United States of America

The following excerpt is from French v. United States, 416 F.2d 1149 (9th Cir. 1969):

As to this ruling, the court was clearly correct. In Sanders v. United States, 373 U.S. 1, at page 22, 83 S.Ct. 1068, at page 1081, 10 L.Ed.2d 148 (1963), the court stated:

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