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BAILEY v. U.S.

No. 09-16247.

623 F.3d 855 (2010)

Brigid BAILEY, individually, as the Personal Administrator for the Estate of Joseph Paul Bailey, Deceased, and as Guardian Ad Litem for Samuel P. Bailey and Paul F. Bailey, and Meghan Bailey, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed September 29, 2010.

Attorney(s) appearing for the Case

Gregory D. Rueb and Dirk Manoukian , Rueb Motta & Manoukian, Concord, CA, for the appellant.

Toney West , Assistant Attorney General, Lawrence G. Brown , United States Attorney, Mark B. Stern , and Matthew D. Burton , Attorneys, Appellate Staff Civil Division, Department of Justice, Washington, DC, for the appellee.

Opinion by Judge BEA; Dissent by Judge B. FLETCHER.

OPINION

BEA, Circuit Judge:

On Memorial Day weekend 2005, Joseph Bailey rowed his boat over a submerged dam on the Yuba River in Northern California. The boat foundered, and Bailey drowned. The Army Corps of Engineers ("the Corps") had placed signs warning of the dam, mid-river upstream of, and on the banks near the dam. However, recent heavy river flows had washed the signs away. Four days before Bailey met...

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