DONALDSON v. UNITED STATES

No. 79-4577.

653 F.2d 414 (1981)

Lee S. DONALDSON, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided August 13, 1981.

Rehearing and Rehearing Denied December 11, 1981.


Attorney(s) appearing for the Case

John T. Larimer, John T. Larimer, Inc., Marysville, Cal., for plaintiff-appellant.

William B. Shubb, U. S. Atty., Sacramento, Cal. (argued), for defendant-appellee; Evelyn M. Matteucci, Asst. U. S. Atty., Sacramento, Cal., on brief.

Before TANG and NELSON, Circuit Judges, and CRAIG, District Judge.


Rehearing and Rehearing En Banc Denied December 11, 1981.

CRAIG, District Judge:

Lee S. Donaldson appeals from an adverse summary judgment granted by the district court in favor of the United States in an action brought by Donaldson pursuant to the Federal Tort Claims Act, 28 U.S.C. § 2671 et seq. Jurisdiction of this appeal is founded upon 28 U.S.C. § 1291.

On August 1, 1971, Donaldson was severely injured in a diving accident at...

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