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DANIEL v. U.S.

No. 16-35203.

889 F.3d 978 (2018)

Walter DANIEL, individually and as personal representative of the estate of Rebekah Daniel, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed May 7, 2018.

Attorney(s) appearing for the Case

J. Andrew Hoyal II , (argued), Luvera Law Firm, Seattle, Washington, for Plaintiff-Appellant.

Lowell Sturgill Jr. , (argued), Appellate Staff, Civil Division, United States Department of Justice, Washington, D.C.; Sarah K. Morehead , and Patricia D. Gugin , Assistant United States Attorneys; Annette L. Hayes , United States Attorney; United States Attorney's Office, Seattle, Washington; for Defendant-Appellee.

Before: Michael Daly Hawkins and Susan P. Graber, Circuit Judges, and James A. Teilborg, District Judge.

OPINION

We must determine whether the oft-criticized jurisdictional bar recognized in Feres v. United States, 340, U.S. 135, 71 S.Ct. 153, 95 S.Ct. 152 (1950)1 (commonly known as the "Feres doctrine") — providing governmental immunity from tort claims involving injuries...

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