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DABERKOW v. UNITED STATES

No. 76-1994.

581 F.2d 785 (1978)

Elaine Ann DABERKOW, surviving widow of Bernd Paul Heinrick Daberkow, Deceased, and Brian David Daberkow, a minor and surviving son of Bernd Paul Heinrick Daberkow, Deceased, by Sylvia E. Johnson, his guardian ad litem, Plaintiffs-Appellants, v. The UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

September 11, 1978.

Attorney(s) appearing for the Case

J. Stephen Simon, Scottsdale, Ariz., for plaintiffs-appellants.

Michael Kimmel, Washington, D.C., Francis S. Ainsa, Jr., of Ainsa & Ainsa, El Paso, Tex., for defendant-appellee.

Before KILKENNY, Senior Circuit Judge, TRASK, Circuit Judge, and HAUK, District Judge.

HAUK, District Judge:

I. INTRODUCTION

This appeal from the District Court's order granting the defendant's motion for summary judgment raises the heretofore unanswered question of whether a tort claim lies against the United States for the death or injury of a foreign serviceman when his injury or death occurs as a result of performing duties incident to joint military activities. The District Court ruled that the doctrine enunciated in Feres v. United...

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