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ELDER v. U.S.

No. 01-4120.

312 F.3d 1172 (2002)

Nancy ELDER and Jeffrey D. Eggertz, Plaintiffs-Appellants, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

December 3, 2002.

Attorney(s) appearing for the Case

Kathryn Collard of the Law Firm of Kathryn Collard LC, Salt Lake City, Utah, for Plaintiffs-Appellants.

Jeffrey E. Nelson, Assistant United States Attorney (Paul M. Warner, United States Attorney, Carlie Christensen, Assistant United States Attorney, Salt Lake City, Utah, and G. Kevin Jones, Office of the Solicitor, United States Department of the Interior, of counsel, with him on the brief), for Defendant-Appellee.

Before HARTZ, ALDISERT, and PORFILIO, Circuit Judges.

HARTZ, Circuit Judge.

Plaintiffs Nancy Elder and Jeffrey D. Eggertz appeal from the district court's order granting summary judgment in favor of Defendant, the United States of America. Plaintiffs brought this action under the Federal Tort Claims Act (FTCA), 28 U.S.C §§ 1346(b) and 2671-2680, for the wrongful death of their 12-year-old son, Tyler Eggertz, who died when he slipped and fell over a ledge while crossing a stream at the Middle Emerald Pools at...

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