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ASHLEY v. UNITED STATES

No. 17416.

326 F.2d 499 (1964)

Harry ASHLEY, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Eighth Circuit.

January 22, 1964.

Attorney(s) appearing for the Case

Thos. A. Walsh, of Wear, Boland, Mullin & Walsh and A. Lee Bloomingdale, Omaha, Neb., made argument for the appellant and filed brief.

David L. Rose, Atty., Civil Division, Dept. of Justice, Washington, D. C., made argument for the appellee and John W. Douglas, Asst. Atty. Gen., Civil Div., Morton Hollander, Atty. Dept. of Justice, Washington, D. C., and Theodore L. Richling, U. S. Atty., Omaha, Neb., were with him on the brief.

Before VAN OOSTERHOUT, MATTHES and MEHAFFY, Circuit Judges.

PER CURIAM.

Plaintiff (appellant) filed this suit in the United States District Court for the District of Nebraska under the Federal Tort Claims Act, 28 U.S.C.A. §§ 1346(b), 2671-2680, to recover damages for personal injuries received when he was bitten by a bear while a visitor in Yellowstone National Park in the State of Wyoming. From an adverse judgment plaintiff has appealed.

The facts are relatively simple and mainly undisputed. They are exhaustively...

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