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ROST v. UNITED STATES

No. 85-2097.

803 F.2d 448 (1986)

Randy Duane ROST, Joe Vester Rost, and Ruby Rost, Plaintiffs-Appellees, v. UNITED STATES of America, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided October 23, 1986.

Attorney(s) appearing for the Case

Walter H. Walker, III, Sterns, Smith & Nelson, San Francisco, Cal., for plaintiffs-appellees.

Yoshinori H.T. Himel, Asst. U.S. Atty., Sacramento, Cal., for defendant-appellant.

Before FARRIS, HALL and KOZINSKI, Circuit Judges.

FARRIS, Circuit Judge:

Defendant United States appeals from a judgment in favor of Plaintiffs Randy, Joe, and Ruby Rost in this action brought under the Federal Tort Claims Act, 28 U.S.C. §§ 1346(b), 2671 et seq., for personal injury occurring in the Stanislaus National Forest in California. Randy Rost, as a passenger in the back of a short bed pickup truck with camper shell attached, was impaled on the extending piece of a steel road closure gate...

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