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AKIONA v. U.S.

Nos. 90-15489, 90-15491 and 90-15690.

938 F.2d 158 (1991)

Aaron K. AKIONA; Adam Baker; Bonnie Baker; Edward W. Moore, III, Plaintiffs-Appellees, v. UNITED STATES of America; Secretary of Defense, Defendants-Appellants. Aaron K. AKIONA, Plaintiff-Appellant, v. UNITED STATES of America; Secretary of Defense; and John Does 1-25, Defendants-Appellees. Adam BAKER; Bonnie Baker; Edward W. Moore, III, Plaintiffs-Appellants, v. UNITED STATES of America; Secretary of Defense; John Does 1-10; Doe Corporations; Partnerships and/or Other Entities 1-10, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided July 9, 1991.

Attorney(s) appearing for the Case

Nancy E. Friedman and Paul F. Figley, U.S. Dept. of Justice, Washington, D.C., for defendants-appellants-cross-appellees.

Eric A. Seitz, Jan T. de Werd, Honolulu, Hawaii, for plaintiffs-appellees-cross-appellants.

Before CHAMBERS, BRUNETTI and RYMER, Circuit Judges.

RYMER, Circuit Judge:

The plaintiffs brought this action against the United States government under the Federal Tort Claims Act for injuries suffered when an individual threw a hand grenade in a restaurant parking lot. In a bench trial on stipulated facts, the district court found in favor of the plaintiffs and awarded general and special damages. The government appeals the finding of liability, and the plaintiffs cross-appeal on the amount of damages. We reverse...

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