Daberkow v. United States

581 F.2d 785 Elaine Ann DABERKOW, surviving widow of Bernd Paul Heinrick Daberkow, Deceased, and Brian David Daberkow, a minor and surviving son of Bernd Paul Heinrick Daberkow, Deceased, by Sylvia E. Johnson, his guardian ad litem, Plaintiffs-Appellants, v. The UNITED STATES of America, Defendant-Appellee. No. 76-1994. United States Court of Appeals, Ninth Circuit. Sept. 11, 1978. 1 J. Stephen Simon, Scottsdale, Ariz., for plaintiffs-appellants. 2 Michael Kimmel, Washington, D.C., Francis S. Ainsa, Jr., of Ainsa & Ainsa, El Paso, Tex., for defendant-appellee. 3 On Appeal from the United States District Court for the District of Arizona. 4 Before KILKENNY, Senior Circuit Judge, TRASK, Circuit Judge, and HAUK, District Judge. * HAUK, District Judge: I. INTRODUCTION 5 This appeal from the District Court's order granting the defendant's motion for summary judgment raises the heretofore unanswered question of whether a tort claim lies against the United States for the death or injury of a foreign serviceman when his injury or death occurs as a result of performing duties incident to joint military activities. The District Court ruled that the doctrine enunciated in Feres v. United…