DAVIS v. UNITED STATES

Nos. 82-2604, 82-2649.

716 F.2d 418 (1983)

Scott DAVIS, Plaintiff-Cross-Appellee, Cross-Appellant, v. UNITED STATES of America, Defendant-Cross-Appellant, Cross-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided August 18, 1983.

Rehearing and Motion To Certify State Law Question Denied October 7, 1983.


Attorney(s) appearing for the Case

Nancy K. Needles, Asst. U.S. Atty., Chicago, Ill., for defendant-cross-appellant, cross-appellee.

Robert B. Patterson, Drumke & Patterson, Louis G. Davidson, Chicago, Ill., for plaintiff-cross-appellee, cross-appellant.

Before CUMMINGS, Chief Judge, POSNER, Circuit Judge, and FAIRCHILD, Senior Circuit Judge.


POSNER, Circuit Judge.

Scott Davis was injured in September 1978 while diving into Devil's Kitchen Lake in the Crab Orchard National Wildlife Refuge. The Refuge is owned and operated by the United States, and is heavily patronized — it had one and a half million visitors in 1978 — especially by students at the nearby campus of Southern Illinois University (SIU). In the nine years preceding the accident there had been five diving accidents at another...

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