Hensley

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

PAMELA S. HENSLEY; MICHAEL M. 

HENSLEY, husband and wife each of them and their marital community thereof, No. 06-35619 Plaintiffs-Appellees, v.  D.C. No.

CV-04-00302-MJP

UNITED STATES OF AMERICA, as OPINION substituted party for Edward and Jane Doe Eich, Defendant-Appellant.  Appeal from the United States District Court for the Western District of Washington Marsha J. Pechman, District Judge, Presiding

Argued and Submitted May 8, 2008—Seattle, Washington

Filed July 9, 2008

Before: Susan P. Graber and Johnnie B. Rawlinson, Circuit Judges, and Otis D. Wright II,* District Judge.

Opinion by Judge Graber

*The Honorable Otis D. Wright II, United States District Judge for the Central District of California, sitting by designation.

8311 8314 HENSLEY v. UNITED STATES

COUNSEL

William G. Cole, Attorney, Civil Division, U.S. Department of Justice, Washington, D.C., for the defendant-appellant.

Howard M. Goodfriend, Edwards, Sieh, Smith & Goodfriend, P.S., Seattle, Washington; Lincoln D. Sieler,…