SIGMAN v. U.S.

Nos. 98-35913, 98-35922, 98-35935 to 98-35939, 98-35946 to 98-35948, 98-35950, 98-35951, 98-35960 to 98-35963, 98-35965 to 98-35967 and 98-36077.

217 F.3d 785 (2000)

Michelle Renee SIGMAN, on her behalf and as Guardian Ad Litem for James Douglas Sigman, a minor, and as personal representative of Taylor McKenzie Sigman, deceased; James Douglas Sigman, a minor; Taylor McKenzie Sigman, deceased, Plaintiffs-Appellants, v. UNITED STATES of America, Defendant-Appellee. Lorraine T. Murray, a single woman, Plaintiff-Appellant, v. United States of America, Defendant-Appellee. Hazel Roberts, wife; Harold Roberts, husband, Plaintiffs-Appellants, v. United States of America, Defendant-Appellee. Pauline Brown, Plaintiff-Appellant, v. United States of America, Defendant-Appellee. Marilyn Moe, Plaintiff-Appellant, v. United States of America, Defendant-Appellee. Marlene Moe, on her own behalf; Melissa Moe, minor, by and through her guardian ad litem; Kelly Moe, minor, by and through the guardian ad litem, Plaintiffs-Appellants, v. United States of America, Defendant-Appellee. Selma Jones, on her own behalf, Plaintiff, and Bryan Joseph (BJ) Hansen, a minor, by and through his guardian ad litem, Plaintiff-Appellant, v. United States of America, Defendant-Appellee. Eva Irene Walch, Plaintiff-Appellant, v. United States of America, Defendant-Appellee. Tiffany Williams, individually and on behalf of Sean Williams and Hali Williams, her minor children, Plaintiffs-Appellants, v. United States of America, Defendant-Appellee. Ruth Gerken, Plaintiff-Appellant, v. United States of America, Defendant-Appellee. Sandee Wold, individually and on behalf of her minor children, Anthony Zucchetto and Janessa Zucchetto, Plaintiffs-Appellants, v. United States of America, Defendant-Appellee. Rande Lindner, as the duly appointed and qualified Personal Representative of the Estate of Anita Louise Lindner, deceased, for the benefit of Rande Lindner, Anastasia L. Lindner, Richard L. Lindner, Robert M. Lindner and Candice M. Lindner, Plaintiff-Appellant, v. United States of America, Defendant-Appellee. Samuel Alton Spencer, a minor by and through his guardian ad litem, Plaintiff-Appellant, v. United States of America, Defendant-Appellee. Selma Jones, Plaintiff-Appellant, v. United States of America, Defendant-Appellee. J. Arthur Zucchetto, Plaintiff-Appellant, v. United States of America, Defendant-Appellee. Gregory Paul McCarron, husband; Gregory Paul McCarron on behalf of Ryan William John McCarron, his minor child; as personal representative of the Estate of Christian Francis McCarron, deceased; Echo Ann McCarron, wife; Ryan William John McCarron, a minor child; Christian Francis McCarron, deceased, estate of, Plaintiffs-Appellants, v. United States of America, Defendant-Appellee. Heather Ford, a single woman, Plaintiff-Appellant, v. United States of America, Defendant-Appellee. Ledeana Kelley, wife; Shawn Kelley, husband; Rebecca Kelley, a minor, Plaintiffs-Appellants, v. United States of America, Defendant-Appellee. Ashley N. Williams, a minor, by and through her natural father and Guardian ad Litem, Sean Williams; Sean Tyler Williams, Guardian ad Litem, Plaintiffs-Appellants, v. United States of America, Defendant-Appellee. Michelle Renee Sigman, on her behalf and as Guardian Ad Litem for James Douglas Sigman, a minor, and as personal representative of Taylor McKenzie Sigman, deceased; James Douglas Sigman, a minor; Taylor McKenzie Sigman, deceased; Lorraine T. Murray, a single woman; Hazel Roberts, wife; Harold Roberts, husband; Pauline Brown; Marilyn Moe, on her behalf; Melissa Moe, minor, by and through her guardian ad litem; Kelly Moe, minor, by and through the guardian ad litem; Selma Jones, on her own behalf; and Bryan Joseph (BJ) Hansen, a minor, by and through his guardian ad litem; Eva Irene Walch; Tiffany Williams, individually and on behalf of Sean Williams and Hali Williams, her minor children; Ruth Gerken; Sandee Wold, individually and on behalf of her minor children; Rande Lindner, as the duly appointed and qualified Personal Representative of the Estate of Anita Louise Lindner, deceased, for the benefit of Rande Lindner, Anastasia L. Lindner, Richard L. Lindner, Robert M. Lindner and Candice M. Lindner; Samuel Alton Spencer, a minor by and through his guardian ad litem; Selma Jones; J. Arthur Zucchetto; Gregory Paul McCarron, husband; Gregory Paul McCarron on behalf of Ryan William John McCarron, his minor child; as personal representative of the Estate of Christian Francis McCarron, deceased; Echo Ann McCarron, wife; Ryan William John McCarron, a minor child; Christian Francis McCarron, deceased, estate of; Heather Ford, a single woman; Ledeana Kelley, wife; Shawn Kelley, husband; Rebecca Kelley, a minor; Ashley N. Williams, a minor, by and through her natural father and Guardian ad Litem, Sean Williams; Sean Tyler Williams, Guardian ad Litem, Plaintiffs-Appellants-Cross-Appellees, v. United States of America, Defendant-Appellee-Cross-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed March 29, 2000

Amended July 14, 2000


Attorney(s) appearing for the Case

Michael T. Truscott, United States Department of Justice, Washington, D.C., for the defendant-appellee-cross-appellant.

Debra Stephens, Spokane, Washington, for the plaintiffs-appellants-cross-appellees.

Before: GOODWIN and SCHROEDER, Circuit Judges, and SCHWARZER, Senior District Judge.


ORDER

The United States has filed a Petition for Rehearing and/or Clarification. Rehearing is not appropriate. The opinion filed on March 29, 2000 in this matter resolves only the jurisdictional issues raised by the government's invocation of sovereign immunity, and on remand, the government is not precluded from introducing evidence to establish it complied with applicable standards and regulations.

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