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McCONNELL v. U.S.

No. 05-15025.

478 F.3d 1092 (2007)

Lawrence Randall McCONNELL; Deborah Ellen McConnell, individually and as surviving parent of Joseph James McConnell, deceased, Plaintiffs-Appellants, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed March 8, 2007.

Attorney(s) appearing for the Case

Charles M. Brewer, John B. Brewer, Dane L. Wood, and David L. Abney, Charles M. Brewer, Ltd., Phoenix, AZ, for the plaintiffs-appellants.

Paul K. Charlton, United States Attorney, John Tuchi, Deputy Chief, James C. Hair Jr., Assistant U.S. Attorney, and Peter M. Lantka, Assistant U.S. Attorney (presented argument), Phoenix, AZ, for the defendant-appellee.

Before T.G. NELSON, GOULD, and CALLAHAN, Circuit Judges.

Opinion by Judge Callahan; Concurrence by Judge Gould

CALLAHAN, Circuit Judge.

The sole issue in this case is whether the Feres doctrine, which prohibits suit against the government for injuries that are incident to military service, bars appellants' civil suit against the United States for the tragic death of their son, Lieutenant McConnell, in a waterskiing accident. We determine that under our precedent the facts that Lt. McConnell's use of the boat...

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