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CHILDERS v. U.S.

No. 93-35831.

40 F.3d 973 (1994)

Robert CHILDERS and Mary Beth Childers, individually; and Robert Childers and Mary Beth Childers, as Personal Representatives of the Estate of David Childers, deceased; and Robert N. Childers and Mary Beth Childers, Guardians Ad Litum for Luke Childers and Christa Childers, Minors, Plaintiffs-Appellants, v. UNITED STATES of America, representing Yellowstone National Park Service, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Memorandum November 2, 1994.

Order and Opinion November 30, 1994.

As Amended January 17, 1995.

Attorney(s) appearing for the Case

Robert L. Jovick, Livingston, MT, for plaintiffs-appellants.

Rupert M. Mitsch, U.S. Dept. of Justice, Washington, DC, for defendant-appellee.

Before LAY, TROTT and T.G. NELSON, Circuit Judges.

ORDER

The memorandum disposition filed November 2, 1994, is redesignated as an authored opinion by the Honorable Donald P. Lay.

OPINION

LAY, Circuit Judge:

This is an appeal from the trial court's judgment in favor of the United States in a negligence action brought under the Federal Tort Claims Act ("FTCA"), 28 U.S.C. §§ 2671-2680, involving the death of David Childers, age 11, in a winter hiking accident in Yellowstone National...

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