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WHITLEY v. U.S.

No. 97-8886.

170 F.3d 1061 (1999)

Frank WHITLEY, Geraldine Whitley, as Parents of Michael M. Whitley, Deceased, Frank Whitley, as Administrator of the Estate of Michael W. Whitley, Deceased, Plaintiffs-Appellees, Cross-Appellants. v. UNITED STATES of America, Defendant-Appellant, Cross-Appellee.

United States Court of Appeals, Eleventh Circuit.

March 26, 1999.

Attorney(s) appearing for the Case

Jane Wilcox Swift, Amy Weil, Asst. U.S. Attorneys, Atlanta, GA, Lowell V. Sturgill, Robert S. Greenspan, U.S. Department of Justice, Civil Div., Appellate Staff, Washington, D.C., for Defendant-Appellant, Cross-Appellee.

J. Sherrod Taylor, Columbus, GA, Tyron Elliott, Elliott Law Firm, Manchester, GA, for Plaintiffs-Appellees, Cross-Appellants.

Before ANDERSON and BIRCH, Circuit Judges, and PAINE, Senior District Judge.

BIRCH, Circuit Judge:

This appeal requires us to determine whether Feres v. United States, 340 U.S. 135, 71 S.Ct. 153, 95 L.Ed. 152 (1950), precludes recovery under the Federal Tort Claims Act ("FTCA"), 28 U.S.C. §§ 1346(b), 2671-2680, to the parents and estate of a foreign serviceman, who died in a motor vehicle accident while in the United States for a recreational event because of the negligence of an American military...

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