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TERBUSH v. U.S.

No. 06-15033.

516 F.3d 1125 (2008)

Stanli Mae Throckmorton TERBUSH; James W. Terbush, Heirs at law and successor in interest; Peter James Terbush, Decedent, Plaintiffs-Appellants, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed February 21, 2008.

Attorney(s) appearing for the Case

John Douglas Barr, Bar & Mudford, Redding, CA, and William 0. Davis, Old Station, CA, for the plaintiffs-appellants.

Peter D. Keisler, Assistant Attorney General, McGregor W. Scott, United States Attorney, Mark B. Stern and Isaac J. Lidsky, Appellate Staff, Civil Division, Department of Justice, Washington, DC, for the defendant-appellee.

Before: FERDINAND F. FERNANDEZ and M. MARGARET McKEOWN, Circuit Judges, and DAVID G. TRAGER, Senior Judge.

McKEOWN, Circuit Judge:

This case illustrates the intersection of the National Park Service's ("NPS") mandate to open federal park lands for recreational use, the scope of NPS's obligation to provide for visitor safety, and the risks of mountain climbing. In 1999, Peter Terbush was killed by a rockslide in Yosemite National Park ("Yosemite") while climbing Glacier Point. His family filed claims under the Federal Tort Claims...

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