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COSTO v. U.S.

No. 99-36101.

248 F.3d 863 (2001)

Suzanne C. COSTO, as Personal Representative for Nollie P. Costo; Pedro Costo, husband; Rosa Costo, wife; Jeffrey Graham, as Personal Representative for Christopher J. Graham, Plaintiffs-Appellants, and Nollie P. Costo; Christopher J. Graham, Plaintiffs, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed April 20, 2001.

Attorney(s) appearing for the Case

Lowell V. Sturgill Jr., Civil Division, Department of Justice, Washington, D.C., for the defendant-appellee.

Robert A. Weppner, Law Office of J. Michael Koch and Associates, P.S., Inc., Silverdale, Washington, for the plaintiffs-appellants.

Before: Arthur L. ALARCON, Warren J. FERGUSON, and M. Margaret McKEOWN, Circuit Judges.

Argued and Submitted October 6, 2000—Seattle, Washington

Opinion by Judge McKEOWN; Dissent by Judge FERGUSON.

McKEOWN, Circuit Judge:

This tort case is a suit stemming from a personal tragedy. Nollie Costo and Christopher Graham drowned during an employer-sponsored rafting trip, and their estates sued their employer for negligence. But their employer is not an ordinary one. It is the United States Navy. Thus, the suit is barred unless the United...

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