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KIM v. U.S.

No. 17-17432.

940 F.3d 484 (2019)

Daniel KIM; Grace Kim; Hannah Kim, a minor through her guardian Grace Kim; Francis S. Lee; Vivian Lee, Plaintiffs-Appellants, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed October 10, 2019.

Attorney(s) appearing for the Case

Martin N. Buchanan (argued), Law Office of Martin N. Buchanan APC, San Diego, California; Thomas V. Girardi , and Kelly Winter , Girardi Keese , Los Angeles, California; for Plaintiff-Appellants.

Philip A. Scarborough (argued), Assistant United States Attorney; McGregor Scott , United States Attorney; United States Attorney's Office, Sacramento, California; for Defendant-Appellee.

Partial Concurrence and Partial Dissent by Judge Rawlinson

OPINION

We must decide whether the Federal Tort Claims Act bars a suit against federal officials for their failure to prevent the deaths of two boys who were killed when a tree limb fell onto their tent in Yosemite National Park.

I

On August 14, 2015, Daniel and Grace Kim, their daughter Hannah...

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