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REBER v. U.S.

No. 89-55390.

941 F.2d 975 (1991)

Cynthia Sue REBER; Courtney Brianne Reber, By and Through Cynthia Sue Reber, Guardian Ad Litem, Plaintiffs-Appellants, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided August 13, 1991.

Attorney(s) appearing for the Case

Michael W. McCann, Cappello & Foley, Santa Barbara, Cal., for plaintiffs-appellants.

Warren A. Schneider, Asst. Atty. in Charge, U.S. Dept. of Justice, San Francisco, Cal., for defendant-appellee.

Before HUG, BEEZER and NOONAN, Circuit Judges.

HUG, Circuit Judge:

Cynthia Reber and her daughter (the "Rebers") brought a wrongful death action against the United States. The Rebers alleged that either an overhead military shell or an unexploded military ordnance on the sea floor caused the destruction of the Cindy Fay, a fishing vessel, thereby causing the death of Boyd Reber. The United States answered the Rebers' allegations, denying any responsibility for Reber's death. After a bench trial, the district...

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