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PAUL W. ABBOTT, et al. (22-5492); MICHAEL B. REED,
individually, as surviving spouse and next of kin of
Constance M. Reed, deceased, and as surviving parent of
Chloe E. Reed and Lillian D. Reed, deceased, et al. (22-
5493); BRITTANY N. HYRE ANCULLE, et al. (22-5494);
JACKIE SUE BARNES, et al. (22-5495); BRITTANY ADKINS,
et al. (22-5499); JAMES CARL VANCE, individually, and
as surviving spouse and next of kin of May Evelyn
Norred Vance, deceased (22-5513),
Plaintiffs-Appellants,
v.
UNITED STATES OF AMERICA,
Defendant-Appellee. |
Nos. 22-5492 /5493 /5494 /5495/5499 /5513 |
Appeal from the United States District Court for the Eastern District of Tennessee at Knoxville.
Nos. 18-cv-201; 18-cv-308; 18-cv-310; 20-cv-149; 20-cv-283—J. Ronnie Greer, District Judge.
Argued: January 25, 2023
Decided and Filed: August 17, 2023
Before: CLAY, WHITE, and THAPAR, Circuit Judges.
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OPINION
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HELENE N. WHITE, Circuit Judge. Plaintiffs-Appellants appeal the dismissal of their
claims under the Federal Torts Claims Act (FTCA) for damages caused by the National Park
Service’s failure to warn of an uncontrolled wildfire (“Fire”) that escaped from Great Smoky
Mountains National Park (the “Park”). They appeal the denial of their motion to alter or amend
the judgment under Federal Rule of Civil Procedure 59 as well. We vacate and remand. |
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