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SAGAN v. U.S.

No. 01-2568

342 F.3d 493 (2003)

Virginia SAGAN, as Personal Representative of the Estate of Richard Sagan, deceased; Virginia Sagan, in her individual capacity, Plaintiffs-Appellants, v. UNITED STATES of America; Algonac Fire Department; John Stier; Russ Seder; Jerry Doan; Joe Doan, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: August 25, 2003.

Attorney(s) appearing for the Case

ARGUED: Andrew W. Mayoras, BARRON, ROSENBERG, MAYORAS & MAYORAS, Troy, Michigan, for Appellants.

Michelle T. Delemarre, UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., Daniel P. Dalton, TOMKIW DALTON, Royal Oak, Michigan, for Appellees.

ON BRIEF: Andrew W. Mayoras, Ronald M. Barron, BARRON, ROSENBERG, MAYORAS & MAYORAS, Troy, Michigan, Gary E. Levitt, LAW OFFICES OF GARY E. LEVITT, Troy, Michigan, for Appellants.

Michelle T. Delemarre, Debra J. Kossow, UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., Daniel P. Dalton, TOMKIW DALTON, Royal Oak, Michigan, for Appellees.

Before: KEITH, MOORE, and GIBBONS, Circuit Judges.

Pursuant to Sixth Circuit Rule 206

OPINION

DAMON J. KEITH, Circuit Judge.

In this personal injury action, the Plaintiffs appeal a September 10, 2001 order granting Defendant United States' motion for summary judgment and dismissing without prejudice the Plaintiffs' claims against Defendants Algonac Fire Department, John Stier, Russ Seder, Jerry Doan, and Joe Doan. For the reasons set forth below, we REVERSE the district court's grant...

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