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the United States Court of Appeals for the Ninth Circuit stated that: "The Reserve Banks are not federal instrumentalities for purposes of the FTCA the Federal Tort Claims Act, but are independent, privately owned and locally controlled corporations."
On January 25, 1990, Mirecki's mother, Elaine Kitowski, as personal representative of her son's estate, filed a wrongful death action under the Federal Tort Claims Act in the United States District Court for the Southern District of Florida.