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PROUD v. UNITED STATES

No. 82-4692.

704 F.2d 1099 (1983)

John PROUD, Individually and as Next Friend of Heather Proud, a Minor, Plaintiffs-Appellants, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided April 26, 1983.

Attorney(s) appearing for the Case

David C. Schutter, Richard A. Marshall, Honolulu, Hawaii, for plaintiffs-appellants.

Michael Schatzow, Mark J. Bennett, Honolulu, Hawaii, for defendant-appellee.

Before BROWNING, WRIGHT and WALLACE, Circuit Judges.

PER CURIAM:

This is a negligence action against the United States for injuries the minor plaintiff sustained diving into a natural pool in Haleakala National Park. The district court dismissed the complaint with leave to amend within 60 days, reasoning that Hawaii's recreational land use law precluded relief for simple negligence. See Hawaii Rev.Stat. §§ 520-2(1), -3.

The appealed order, which dismissed the complaint but not the action, is...

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