MEMORANDUM OPINION AND ORDER
BATTEY, Chief Judge.
PROCEDURAL HISTORY
[¶ 1] On March 3, 1998, plaintiffs filed a complaint under the Federal Tort Claims Act (FTCA), 28 U.S.C. §§ 2671 et seq., to recover for the death of Jeffrey L. Whalen, Jr. (Whalen) in the Badlands National Park which is operated by the National Park Service
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