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DREIER v. U.S.

No. 95-35601.

106 F.3d 844 (1996)

Rebecca R. DREIER, individually and as PR of the Estate; Ronald E. Dreier, deceased; and as parent and Guardian; Kaylee E. Dreier, a minor child, Plaintiffs-Appellants, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided September 17, 1996.

Amended February 4, 1997.

Attorney(s) appearing for the Case

William J. Carlson and David B. Richardson, Bellevue, WA, for plaintiffs-appellants.

Philip H. Lynch, Assistant United States Attorney, Seattle, WA, for defendant-appellee.

Before: REAVLEY, REINHARDT, and WIGGINS, Circuit Judges.

WIGGINS, Circuit Judge:

Specialist Ronald E. Dreier (hereinafter "Ronald"), a soldier in the United States Army, was killed when he fell into a steep wastewater drainage channel located on Fort Lewis, Washington, after an off-duty afternoon of relaxation and beer drinking. The district court dismissed his widow's Federal Tort Claims Act ("FTCA") suit against the United States for wrongful death, concluding that the claim was barred by Feres v. United States,

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