Childers v. United States

40 F.3d 973 Robert CHILDERS and Mary Beth Childers, individually; and Robert Childers and Mary Beth Childers, as Personal Representatives of the Estate of David Childers, deceased; and Robert N. Childers and Mary Beth Childers, Guardians Ad Litum for Luke Childers and Christa Childers, Minors, Plaintiffs-Appellants, v. UNITED STATES of America, representing Yellowstone National Park Service, Defendant-Appellee. No. 93-35831. United States Court of Appeals, Ninth Circuit. Argued and Submitted Oct. 6, 1994. Memorandum Nov. 2, 1994. Order and Opinion Nov. 30, 1994. As Amended Jan. 17, 1995. Robert L. Jovick, Livingston, MT, for plaintiffs-appellants. Rupert M. Mitsch, U.S. Dept. of Justice, Washington, DC, for defendant-appellee. Appeal from the United States District Court for the District of Montana. Before LAY, * TROTT and T.G. NELSON, Circuit Judges. ORDER The memorandum disposition filed November 2, 1994, is redesignated as an authored opinion by the Honorable Donald P. Lay. OPINION LAY, Circuit Judge: 1 This is an appeal from the trial court's judgment in favor of the United States in a negligence action brought under the Federal Tort Claims Act ("FTCA"), 28 U.S.C. Secs.…