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BIEGHLER v. KLEPPE

No. 78-1766.

633 F.2d 531 (1980)

Roy BIEGHLER and Joanne Hoff, Appellants, v. Thomas S. KLEPPE, Secretary of the Interior, United States of America, and the United States of America, Appellees.

United States Court of Appeals, Ninth Circuit.

Decided December 1, 1980.

Attorney(s) appearing for the Case

Robert D. Myers, Harrison, Myers & Singer, Phoenix, Ariz., argued for appellants; John H. Westover, O'Connor, Cavanagh, Anderson, Westover, Killingsworth & Beshears, Phoenix, Ariz., on brief.

Paul A. Katz, Asst. U. S. Atty., Phoenix, Ariz., argued for appellees; John F. Flynn, Asst. U. S. Atty., Phoenix, Ariz., on brief.

Before TANG and SKOPIL, Circuit Judges, and KELLEHER, District Judge.

SKOPIL, Circuit Judge:

INTRODUCTION

Bieghler and Hoff appeal the entry of summary judgment against them in their negligence action against the government. We find there was a genuine issue of material fact as to the cause of the accident. We reverse and remand.

FACTS AND PROCEEDINGS BELOW

On May 26, 1977 Roy Bieghler, Harvey Hoff, and Bradley Martin were riding their motorcycles through the Mount Carmel tunnel in Mount Zion National Park...

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