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CHILDERS v. U.S.

No. CV 92-39-BLG-JDS.

841 F.Supp. 1001 (1993)

Robert CHILDERS and Mary Beth Childers, individually; and Robert Childers and Mary Beth Childers, as Personal Representatives of the Estate of David Childers, deceased; and Robert Childers and Mary Beth Childers, Guardians Ad Litem for Luke Childers and Christa Childers, Minors, Plaintiffs, v. UNITED STATES of America, Defendant.

United States District Court, D. Montana, Billings Division.

July 2, 1993.

Attorney(s) appearing for the Case

Robert L. Jovick, Jovick Law Office, Livingston, MT, for plaintiffs.

Doris M. Poppler, Office of the U.S. Atty., Billings, MT, Rupert M. Mitsch, U.S. Dept. of Justice, Torts Branch, Washington, DC, for defendant.

MEMORANDUM AND ORDER

SHANSTROM, District Judge.

FINDINGS OF FACT

1. The Childers family brought a negligence action against the United States pursuant to the Federal Tort Claims Act ("FTCA"), 28 U.S.C. § 2671-2680, for injuries resulting from the death of their son in a winter hiking accident in Yellowstone National Park ("Yellowstone" or "Park"). The gravamen of the lawsuit is the alleged failure of the National Park Service ("NPS" or "Park...

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