Robert SUTTON; Marlene Sutton, Plaintiffs,
v.
Virl EARLES, Third-Party-Defendant-Appellee,
v.
UNITED STATES of America, Defendant-Third-Party-Plaintiff-Appellant.
Stephen BRENNAN, Plaintiff,
v.
Virl EARLES, Third-Party-Defendant-Appellee,
v.
UNITED STATES of America, Defendant-Third-Party-Plaintiff-Appellant.
Ernest E. CHAVEZ; Carol Kemble; Terez UJJ, Individually and as Representative of the Estate of John Bakos; Robert D. Hulings et al., Plaintiffs-Appellees,
v.
UNITED STATES of America, Defendant-Third-Party-Plaintiff-Appellant.
Ernest E. CHAVEZ; Carol Kemble; Terez UJJ, Individually and as Representative of the Estate of John Bakos; Robert D. Hulings et al., Plaintiffs-Appellees,
v.
UNITED STATES DEPARTMENT OF DEFENSE; United States Department of the Navy; United States Army Corps of Engineers; United States Coast Guard, Defendants-Appellants.
Virl EARLES, Plaintiff-Appellee,
v.
UNITED STATES of America, Defendant-Appellant.
Stephen BRENNAN, Plaintiff-Appellee,
v.
Virl EARLES, Third-Party-Defendant-Appellee,
v.
UNITED STATES of America, Defendant-Third-Party-Plaintiff-Appellant.
Marie KATZ, Individually, and as Personal Representative of the Estate of Ronald Flem Meyers, Deceased, Plaintiff-Appellee,
v.
Virl EARLES, Third-Party-Defendant,
v.
UNITED STATES of America, Defendant-Third-Party-Plaintiff-Appellant.
United States Court of Appeals, Ninth Circuit.https://leagle.com/images/logo.png
Argued and Submitted August 30, 1993.
Decided June 3, 1994.
Attorney(s) appearing for the Case
Dennis P. Gauhan, Gauhan and King, Long Beach, CA, for plaintiffs and appellees Marie Katz, individually and as the personal representative of Ronald Flem Meyers.
Neal Hirschfeld, Greenspoon, Marder, Hirschfeld & Rafkin, Fort Lauderdale, FL, for plaintiffs and appellees Carol Kemble, Ernest E. Chavez, Estelle Schmid, individually and as representative of the Estate of Kathy Weaver, Roberta Hulings, individually and as representative of the Estate of Patricia Hulings, Terez UJJ, individually and as representative of the Estate of John Bakos, and Robert Weaver, individually.
Martin Stein, Robert A. Olson, Greines, Martin, Stein & Richland, Beverly Hills, CA, for plaintiffs and appellees Ernest Chavez, Carol Kemble, Marie Katz, individually and as representative of the Estate of Ronald Flem Meyers, Roberta Hulings, individually and as representative of the Estate of Patricia Hulings, Terez UJJ, individually and as representative of the Estate of John Bakos, Estelle Schmid, individually and as representative of the Estate of Kathy Weaver, and Marlene and Richard Sutton, as heirs of Anthony Sutton.
Mark D. Wenzel, Stone & Dolinger, Los Angeles, CA, Martin Stein, Robert A. Olson, Greines, Martin, Stein & Richland, Beverly Hills, CA, for plaintiffs and appellees Marlene and Richard Sutton, as heirs of Anthony Sutton.
Before: TANG, CANBY, and BEEZER, Circuit Judges.
United States Court of Appeals, Ninth Circuit.
Opinion by Judge CANBY.
CANBY, Circuit Judge:
The plaintiffs are four survivors and the representatives of five deceased victims of an allision between a pleasure boat and a Navy mooring buoy. They obtained a judgment against the United States in this negligence action brought under the Suits in Admiralty Act ("SIAA"), 46 U.S.C.App. §§ 741-752 (1988). In a prior appeal, we held that the discretionary function exception set forth in the Federal Tort...
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