Smith v. Marshall (950 F.2d 1477, 1991)

ORDER

In accordance with the United States Supreme Court opinion in United States v. Smith, — U.S. -, 111 S.Ct. 1180, 113 L.Ed.2d 134 (1991), reversing our decision in Smith v. Marshall, 885 F.2d 650 (9th Cir.1989), we affirm the district court order substituting the United States as a defendant and dismissing the action. We also vacate our opinion at 885 F.2d 650.