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METTER v. U.S.

Nos. 14-2001, 14-2002.

785 F.3d 1227 (2015)

Mary Ann METTER, as Personal Representative of the Estate of Edward O. Metter, Deceased, Plaintiff-Appellant v. UNITED STATES of America, Defendant-Appellee. Justin Erickson and Jennifer Erickson, Husband and Wife, Plaintiffs-Appellants v. United States of America, Defendant-Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: May 11, 2015.

Attorney(s) appearing for the Case

Andrew D. Sibbernsen , Sibbernsen, Strigenz & Sibbernsen, P.C., Omaha, NE, argued, for appellants.

Thomas Fulham , Civ. Div., U.S. Dept. of Justice, Washington, DC, argued ( Stuart P. Delery , Asst. Atty. Gen., Mark B. Stern , Civ. Div., U.S. Dept of Justice, Washington, DC, Deborah R. Gilg , U.S. Atty., Omaha, NE, on the brief), for appellee.

Before RILEY, Chief Judge, LOKEN and SMITH, Circuit Judges.

On October 9, 2011, while fishing with his son-in-law and grandson near Gavins Point Dam on the Missouri River in Cedar County, Nebraska, Edward Metter was tragically struck and killed when a parked pickup truck came out of gear and rolled down an unprotected river bank. Mary Ann Metter, Metter's widow and personal representative...

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