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KEE v. U.S.

No. 97-17347.

168 F.3d 1133 (1999)

Joe Lee KEE, individually and as personal representative of the Estate of Etta Kee; Louise Kee Nargo; Eleanor Towne; David Nargo, Plaintiffs-Appellants, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided February 2, 1999.

Attorney(s) appearing for the Case

Robert N. Hilgendorf, Santa Fe, New Mexico, for the plaintiffs-appellants.

Ann E. Harwood, Assistant United States Attorney, Phoenix, Arizona, for the defendant-appellee.

Before: FLETCHER, FERGUSON, and THOMPSON, Circuit Judges.

FERGUSON, Circuit Judge:

Etta Kee died when the car in which she was a passenger collided with a car driven by a federal employee acting within the scope of her employment. The United States now claims that Kee's representative and the other people in the car are foreclosed from suing the United States because they signed a release with the employee. We reject the United States' argument and reverse the district court.

I. BACKGROUND

Louise Nargo...

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