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SOLMITZ v. UNITED STATES

No. 78-3419.

640 F.2d 1089 (1981)

Frank T. SOLMITZ, by and through his Guardian ad Litem Patricia Solmitz, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided March 30, 1981.

Rehearing Denied May 8, 1981.

Attorney(s) appearing for the Case

Edward M. Digardi, Nichols, Williams, Morgan & Digardi, Oakland, Cal., argued for plaintiff-appellant; Siegfried Hesse, Oakland, Cal., on brief.

John M. Kern, San Francisco, Cal., for defendant-appellee.

Before GOODWIN and NORRIS, Circuit Judges, and McNICHOLS, District Judge.

GOODWIN, Circuit Judge.

Frank T. Solmitz appeals from a judgment dismissing his federal tort claims action. He contends that the district court erred in rejecting, as a matter of law, his theory that the road on which he suffered his injury was owned by the United States.

Solmitz was struck by a bicyclist while crossing Cyclotron Road, near the Lawrence Nuclear Research Laboratory at the University of California...

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