Beatrice Aguirre, Personal Representative of the Estate of Alfredo Aguirre, Deceased, and Patrick Antone v. United States of America and United States Department of Defense

956 F.2d 1166 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Beatrice AGUIRRE, Personal Representative of the Estate of Alfredo Aguirre, Deceased, and Patrick Antone, Plaintiffs-Appellants, v. UNITED STATES of America and United States Department of Defense, Defendants-Appellees. No. 90-16330. United States Court of Appeals, Ninth Circuit. Argued and Submitted Nov. 5, 1991. Decided March 3, 1992. As Amended on Denial of Rehearing July 8, 1992. Before POOLE, REINHARDT and FERNANDEZ, Circuit Judges. 1 MEMORANDUM * 2 Plaintiffs Beatrice Aguirre and Patrick Antone appeal the district court's grant of summary judgment in favor of the government in this Federal Tort Claims Act case. Plaintiffs contend that summary judgment was improper because Arizona law allows recovery under these circumstances and because the district judge erroneously failed to follow the lead of a brother judge who had previously refused to grant the government's motion for summary judgment in a factually…