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SABOW v. U.S.

No. 94-56634.

93 F.3d 1445 (1996)

Sara Townsend SABOW; Thomas F. Sabow; Vera Sabow; David N. Sabow; Dierdre Sabow; John David Sabow, Plaintiffs-Appellants, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided August 28, 1996.

As Amended September 26, 1996.

Attorney(s) appearing for the Case

Daniel P. Sheehan, (argued), Carpinteria, California; Jaime D. Banfield, (on the briefs), Copenbarger & Associates, Santa Ana, California, for plaintiffs-appellants.

Mary L. Perry, Assistant United States Attorney, Los Angeles, California, for defendant-appellee.

Before: GOODWIN and HAWKINS, Circuit Judges, and MARQUEZ, District Judge.

MICHAEL DALY HAWKINS, Circuit Judge:

Appellants appeal the district court's decision to dismiss their Federal Tort Claims Act ("FTCA") claims for lack of subject matter jurisdiction and failure to state a claim. We have jurisdiction pursuant to 28 U.S.C. § 1291, and we affirm in part and reverse in part.

I. FACTS

This appeal arises out of the unfortunate death of decorated Marine Corps Colonel James E. Sabow and the subsequent investigation...

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