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SCHWARDER v. U.S.

No. 91-55273.

974 F.2d 1118 (1992)

Aaron SCHWARDER; Donna Eubanks; Kathleen Schwarder, Plaintiffs-Appellees, v. UNITED STATES of America, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided September 4, 1992.

Attorney(s) appearing for the Case

Michael T. Truscott, U.S. Dept. of Justice, Washington, D.C., for defendant-appellant.

Samuel Shore, Law Offices of Samuel Shore, Los Angeles, Cal., Jerry S. Berger, Law Offices of Jerry Solomon Berger, Beverly Hills, Cal., for plaintiffs-appellees.

Before: ALARCON, NORRIS, and O'SCANNLAIN, Circuit Judges.

WILLIAM A. NORRIS, Circuit Judge:

The United States appeals a judgment for $330,000 in compensatory damages to Aaron Schwarder, Donna Eubanks, and Kathleen Schwarder, (referred to collectively as "the Schwarder children") for the wrongful death of their father, Harry N. Schwarder. The Government contends that the Schwarder children's action was barred by the Federal Tort Claims Act, 28 U.S.C. § 2672, because Harry Schwarder and his wife previously entered into...

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