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PACHECO v. U.S.

No. 99-15421.

220 F.3d 1126 (2000)

David PACHECO, individually and as guardian ad litem for Trevor J. Pacheco, a minor, Plaintiff-Appellant, v. UNITED STATES of America, Paul Kaleth, and Parks Management Company, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed July 31, 2000.

Attorney(s) appearing for the Case

John C. Stein and Richard Gregg, The Boccardo Law Firm, LLP, San Jose, California; John R. Cady, Cady & Campbell, LLC, Platte City, Missouri; and B.E. Bergesen, III, Berkeley, California, for the plaintiffs-appellants.

John N. Dahlberg and Charles P. Murrin, Dillingham & Murphy, LLP, San Francisco, California, for defendants-appellees Paul A. Kaleth and Parks Management Company.

Robert S. Mueller, III, and Gail Killefer and Yonkel Goldstein, United States Attorney's Office, San Jose, California, for defendant-appellee United States of America.

Before: WOOD, Jr., KLEINFELD, and GRABER, Circuit Judges.

HARLINGTON WOOD, Jr., Circuit Judge:

Regardless whether under California law anyone may be responsible for this tragedy, it is absolutely clear that the slightest bit of care, thought, trouble, and expense by the defendants could have saved the lives of the three victims: eleven-year-old Ivy Pacheco and her mother and grandmother, both of whom tried in vain to rescue Ivy from the ocean. The district judge allowed defendants' motion to dismiss plaintiff's complaint...

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