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MANDEL v. UNITED STATES

No. 82-2053.

719 F.2d 963 (1983)

Michael MANDEL, Appellant, v. UNITED STATES of America and Insurance Company of North America, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided October 28, 1983.

Rehearing Denied December 22, 1983.

Attorney(s) appearing for the Case

J. Paul McGrath, Asst. Atty. Gen., W. Asa Hutchinson, U.S. Atty., Robert S. Greenspan, William Cole, Attys., Appellate Staff Civ. Div., Dept. of Justice, Washington, D.C., for appellee United States.

Bassett, Bassett & Bassett, W.W. Bassett, Jr., Fayetteville, Ark., for appellee Insurance Co. of North America, Inc.

Robert C. Compton, Brown, Compton & Prewett, Ltd., El Dorado, Ark., for appellant.

Before LAY, McMILLIAN and JOHN R. GIBSON, Circuit Judges.

JOHN R. GIBSON, Circuit Judge.

Michael Mandel appeals from the district court's grant of summary judgment for defendants United States of America and Insurance Company of North America on his claim for damages under the Federal Tort Claims Act, 28 U.S.C. § 1346(b). Mandel was injured in Buffalo River National Park when he dived from a rock into a swimming hole and struck his head on a submerged rock in the Buffalo River. Mandel contends that the district court...

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