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SPIRES v. UNITED STATES

No. 85-2566.

805 F.2d 832 (1986)

John SPIRES, Plaintiff-Appellee, v. UNITED STATES of America, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided October 23, 1986.

Designated for Publication December 8, 1986.

Attorney(s) appearing for the Case

Roger D. Rizzo, Sedwick, Detert, Moran & Arnold, San Francisco, Cal., for plaintiff-appellee.

George Chris Stoll, Asst. U.S. Atty., San Francisco, Cal., for defendant-appellant.

Before FARRIS, HALL, and KOZINSKI, Circuit Judges.

FARRIS, Circuit Judge:

Defendant United States appeals from a judgment in favor of plaintiff John Spires in this personal injury action brought under the Federal Tort Claims Act. Spires' claim arose from a fall he suffered in the federally owned Golden Gate National Recreational Area. On September 24, 1981, while jogging along a sandy beach on an overcast and moonless night, Spires fell into a ditch at a storm sewer outfall. He was unable to see the 4 to 8 foot wide...

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