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McMILLAN v. U.S.

Nos. 95-35597, 95-35628.

112 F.3d 1040 (1997)

Lowell A. McMILLAN; Michele L. McMillan; Stephanie L. McMillan, Plaintiffs-Appellees, Cross-Appellants, v. UNITED STATES of America, Defendant-Appellant, Cross-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided May 2, 1997.

Attorney(s) appearing for the Case

Steve Frank, United States Department of Justice, Washington, DC, for defendant-appellant-cross-appellee.

Roger M. Sullivan and Jon L. Heberling, McGarvey, Heberling, Sullivan & McGarvey, Kalispell, MT, for plaintiffs-appellees-cross-appellants.

Before: BROWNING, RYMER, and T.G. NELSON, Circuit Judges.

T.G. NELSON, Circuit Judge:

OVERVIEW

Plaintiff Lowell McMillan ("McMillan") was injured when he was struck by a tree in the Kootenai National Forest in Lincoln County, Montana. McMillan, along with his wife, Michelle McMillan, and his daughter, Stephanie McMillan, (collectively "plaintiffs"), filed an action against the United States ("Government") under the Federal Tort Claims Act ("FTCA"), 28 U.S.C. §§ 1346(b) and 2671-80, to recover damages...

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