ESTATE OF McALLISTER v. U.S.

No. 90-35184.

942 F.2d 1473 (1991)

ESTATE OF William F. McALLISTER, Deceased; Sharon McAllister; Sean McAllister; and Lori McAllister, individually, Plaintiffs-Appellants, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided August 28, 1991.


Attorney(s) appearing for the Case

L.E. Ashcroft, Rhoten, Speerstra, Rinehart & Ashcroft, Salem, Or., for plaintiffs-appellants.

Steven Bransdorfer, U.S. Dept. of Justice, Washington, D.C., for defendant-appellee.

Before GOODWIN, THOMPSON and O'SCANNLAIN, Circuit Judges.


O'SCANNLAIN, Circuit Judge:

The estate and heirs of William McAllister appeal from the district court's dismissal of their wrongful-death action under the Feres doctrine. See Feres v. United States, 340 U.S. 135, 71 S.Ct. 153, 95 L.Ed. 152 (1950). We must affirm.

I

On New Year's Eve five years ago, Private Leon Tarver attacked, stabbed, and killed Lieutenant Colonel William McAllister near the Post Exchange...

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