Martha M. Kirk, an Adult, and Kenneth William Kirk, a Minor, Who Sues by His Guardian Ad Litem, Martha M. Kirk v. United States

JERTBERG, Circuit Judge.

The appellants are the widow and minor child of William A. Kirk, who lost his life when he fell from a scaffold upon which he was working as a carpenter during the construction of the Lucky Peak Dam on the Boise River in Idaho.

This is the second appearance of this case in this Court. Following the filing of the original complaint and before the filing of answer, the defendant moved the district court for summary judgment in its favor. The motion was granted and summary judgment entered. Following the memorandum decision1 of the district court, plaintiffs sought leave…