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RICHARDSON v. U.S.

Nos. 90-35423, 90-35424.

943 F.2d 1107 (1991)

Kenneth RICHARDSON; Norman J. Trapp, Plaintiffs-Appellants, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided August 30, 1991.

Attorney(s) appearing for the Case

David E. Williams, Critchlow, Williams & Schuster, Richland, Wash., for plaintiff-appellant Richardson.

Gregg L. Tinker, Longfelder, Tinker, Kidman & Flora, Inc., P.S., Seattle, Wash., for plaintiff-appellant Trapp.

Thomas O. Rice, Asst. U.S. Atty., Spokane, Wash., for defendant-appellee.

Before WIGGINS, BRUNETTI and T.G. NELSON, Circuit Judges.

BRUNETTI, Circuit Judge:

This case involves a suit against the United States under the Federal Tort Claims Act for injuries caused when lightning simultaneously struck a power line and the plaintiffs who were carrying a metal irrigation pipe underneath the power line.1 In two prior appeals before this court we found the district court applied an incorrect standard of care to determine negligence and remanded for a new trial. See Richardson...

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