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KLEPPER v. CITY OF MILFORD, KANSAS

Nos. 84-1029, 84-1174.

825 F.2d 1440 (1987)

David L. KLEPPER, Plaintiff-Appellant, v. CITY OF MILFORD, KANSAS, Defendant-Appellee. and David L. KLEPPER, Plaintiff-Appellant, v. UNITED STATES of America, Defendant & Third Party Plaintiff-Appellee, and City of Milford, Kansas, Third Party Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

As Amended September 28, 1987.

Attorney(s) appearing for the Case

Jerry K. Levy (Janet Jo Smith, with him on the brief), of Law Offices of Jerry K. Levy, P.A., Topeka, Kan., for plaintiff-appellant.

Howard Harper and Charles W. Harper, II, of Harper & Hornbaker, Chartered, Junction City, Kan. (Craig J. Altenhofen, with them on the brief), for defendant-appellee City of Milford, Kan.

Alleen S. Castellani, Asst. U.S. Atty. (Benjamin L. Burgess, Jr., U.S. Atty., and Russell Kaufman, Asst. U.S. Atty., and R. Dale Holmes, Asst. District Counsel, U.S. Army Corps of Engineers, on the brief), Topeka, Kan., for defendant third party plaintiff-appellee U.S.

Before LOGAN, MOORE and ANDERSON, Circuit Judges.

STEPHEN H. ANDERSON, Circuit Judge.

The incident on which these claims are based involves an injury resulting from a shallow-water dive off a boat docked at property owned and managed by a Kansas municipality and located at a lake owned by the United States government. Central to the case is the applicability and construction of the Kansas Recreational Use Statute, which assigns liability to owners of recreational lands only where fees are charged or where there is...

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