Opinion
No. 88-5757.
December 18, 1991.
Before HALL, WIGGINS and THOMPSON, Circuit Judges.
On Remand for the United States Supreme Court.
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.