WHALEN v. U.S.

No. Civ. 98-5022.

29 F.Supp.2d 1093 (1998)

Jeffrey L. WHALEN, Sr., individually and as Administrator of the Estate of Jeffrey L. Whalen, Jr., deceased, and Dalone R. Brewer, Plaintiffs, v. UNITED STATES of America, Defendant.

United States District Court, D. South Dakota, Western Division.

August 10, 1998.


Attorney(s) appearing for the Case

Charles Thomas Abourezk, Abourezk Law Offices, Rapid City, SD, for Plaintiffs.

Diana Ryan, Bonnie P. Ulrich, U.S. Attorney's Office, Sioux Falls, SD, Matthew L. Zabel, U.S. Dept. of Justice, Washington, DC, for Defendant.


MEMORANDUM OPINION AND ORDER

BATTEY, Chief Judge.

PROCEDURAL HISTORY

[¶ 1] On March 3, 1998, plaintiffs filed a complaint under the Federal Tort Claims Act (FTCA), 28 U.S.C. §§ 2671 et seq., to recover for the death of Jeffrey L. Whalen, Jr. (Whalen) in the Badlands National Park which is operated by the National Park Service (NPS). On May 22, 1998, defendant filed a motion to...

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