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SMITH v. UNITED STATES

No. 75-1115.

546 F.2d 872 (1976)

Cameron SMITH by his next friend, E. J. Smith, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

Decided December 27, 1976.

Attorney(s) appearing for the Case

W. Perry Dray, Cheyenne, Wyo. (Hirst, Applegate & Dray, P. C., Cheyenne, Wyo., on the brief), for plaintiff-appellant.

Edwin E. Huddleson, III, Atty., Dept. of Justice, Washington, D. C. (Rex E. Lee, Asst. Atty. Gen., Washington, D. C., Clarence A. Brimmer, U. S. Atty., Stephen F. Eilperin, Atty., Dept. of Justice, Washington, D. C., on the brief), for defendant-appellee.

Before LEWIS, Chief Judge, and HOLLOWAY and DOYLE, Circuit Judges.

HOLLOWAY, Circuit Judge.

This action under the Federal Tort Claims Act, 28 U.S.C.A. §§ 1346(b), 2671 et seq., concerns a tragic accident in Yellowstone National Park. Plaintiff sought damages for personal injuries received when he fell into a super-heated thermal pool in the Park. The district court entered judgment for the United States, 383 F.Supp. 1076, and this appeal followed. On the appeal we must consider...

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