PRECEDENTIAL UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT No . 0 4- 42 70 PATRICIA J. HERRING, INDIVIDUALLY; JUDITH PALYA LOETHER , INDIVIDUALLY AND AS A LIVING HEIR OF ELIZABETH PALY A (DECEASED); WILLIAM PALYA, INDIVIDUALLY AND AS A LIVING HEIR OF ELIZABETH PALYA (DECEASED); ROBERT PALYA, INDIVIDUALLY AND AS A LIVING HEIR OF ELIZABETH PALYA (DECEASED); SUSAN BRAUNER, INDIVIDUALLY AND AS A LIVING HEIR OF PHYLLIS BRAUNER (DECEASED); CATHERINE BRAUNER, INDIVIDUALLY AND AS A LIVING HEIR OF PHYLLIS BRAUNER (DECEASED), Appellants v. UNITED STATES OF AMERICA Appeal from the United States District Court for the Eastern District of Pennsylvania (District Court No. 03-CV-5500) District Court Judge: Honorable Legrome D. Davis