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ABBOTT v. UNITED STATES

Nos. 22-5492/5493/5494/5495/5499/5513.

78 F.4th 887 (2023)

Paul W. ABBOTT, et al. (22-5492); Michael B. Reed, individually, as surviving spouse and next of kin of Constance M. Reed, deceased, and as surviving parent of Chloe E. Reed and Lillian D. Reed, deceased, et al. (22-5493); Brittany N. Hyre Anculle, et al. (22-5494); Jackie Sue Barnes, et al. (22-5495); Brittany Adkins, et al. (22-5499); James Carl Vance, individually, and as surviving spouse and next of kin of May Evelyn Norred Vance, deceased (22-5513), Plaintiffs-Appellants, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: August 17, 2023.

Attorney(s) appearing for the Case

ARGUED: Benjamin C. Glassman , SQUIRE PATTON BOGGS (US) LLP, Cincinnati, Ohio, for Appellants. Jeffrey E. Sandberg , UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Appellee. ON BRIEF: Gordon Ball , GORDON BALL LLC, Nashville, Tennessee, Diana L. Martin , COHEN MILSTEIN SELLERS & TOLL PLLC, Palm Beach Gardens, Florida, for Appellants. Jeffrey E. Sandberg , UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Appellee.

WHITE, J., delivered the opinion of the court. CLAY, J. (pp. 903-10), delivered a separate concurring opinion. THAPAR, J. (pp. 910-11), delivered a separate concurring opinion.

OPINION

Plaintiffs-Appellants appeal the dismissal of their claims under the Federal Torts Claims Act (FTCA) for damages caused by the National Park Service's failure to warn of an uncontrolled wildfire ("Fire") that escaped from Great Smoky Mountains National Park (the "Park"). They appeal the denial of...

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