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HENDERSON v. U.S.

No. 83-5749.

827 F.2d 1233 (1986)

Ronald Roy HENDERSON, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided March 11, 1986.

Amended Opinion May 27, 1986.

Second Amended Opinion May 6, 1987.

Third Amended Opinion September 4, 1987.

Attorney(s) appearing for the Case

Michael M. Angello, San Diego, Cal., for plaintiff-appellant.

Warren P. Reese, San Diego, Cal., for defendant-appellee.

Before NELSON, CANBY and BRUNETTI, Circuit Judges.

THIRD AMENDED OPINION

NELSON, Circuit Judge:

Ronald Roy Henderson suffered severe injury as a result of contact with high voltage wires while trespassing on federal land. The district court entered judgment for the United States, dismissing Henderson's claim under the Federal Tort Claims Act (FTCA), 28 U.S.C. § 1346(b) (1982). We reverse and remand.

I. FACTUAL BACKGROUND

On July 17, 1977, Jeffrey Harmon, then age 26, and Henderson...

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