SIMPSON v. UNITED STATES

No. 80-5020.

652 F.2d 831 (1981)

Thomas Robert SIMPSON, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided August 3, 1981.


Attorney(s) appearing for the Case

Steven Roseman, Brundage & Roseman, Los Angeles, Cal., for plaintiff-appellant.

Stephen E. O'Neil, Asst. U.S. Atty., Los Angeles, Cal., argued for defendant-appellee; Frederick A. Jacobsen, Asst. U.S. Atty., Los Angeles, Cal., on brief.

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


CRAIG, District Judge:

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

The uncontroverted allegations of fact show that on December 20, 1973, Simpson and two companions drove to the Creek in Inyo National Forest Recreation...

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