United States v. Cline

410 F.2d 1337 UNITED STATES of America, Appellant, v. Margaret Elizabeth CLINE, as surviving wife of Robert Herrick Cline, Deceased; Platt Cline, as Guardian of the Estates of Robert Herrick Cline, II, and Kelly Michael Cline, Appellees. No. 22725. United States Court of Appeals Ninth Circuit. May 2, 1969. Carl Eardley (argued), Asst. U.S. Atty., Edward E. Davis, U.S. Atty., Phoenix, Ariz., Edwin L. Weisl, Jr., Asst. Atty. Gen., Morton Hollander, Atty., Dept. of Justice, Washington, D.C., for appellant. Harry Mangum (argued), of Mangum, Wall & Stoops, Flagstaff, Ariz., for appellees. Before JERTBERG, DUNIWAY and CARTER, Circuit Judges. JERTBERG, Circuit Judge: 1 Before us is an appeal from a judgment against the United States in the amount of $389,390.15, and in favor of the surviving wife and the guardian of the estates of two minor children of Robert Herrick Cline, deceased, arising out of the death of Cline, by drowning, proximately caused by the negligence of employees of the United States. 2 Jurisdiction of the District Court is conferred by the Federal Tort Claims Act, 28 U.S.C. 1346, and this Court has jurisdiction under 28 U.S.C. 1291 and 1294. 3 Undisputed facts…