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McCARTHY v. U.S.

No. 86-2988.

850 F.2d 558 (1988)

Richard McCARTHY, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided June 28, 1988.

Attorney(s) appearing for the Case

Luke Ellis, Gillin, Jacobson & Ellis, Berkeley, Cal., for plaintiff-appellant.

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

Before TANG, CANBY and BRUNETTI, Circuit Judges.

TANG, Circuit Judge:

Richard McCarthy appeals the district court's dismissal of his action against the United States under the Federal Tort Claims Act (FTCA), 28 U.S.C. §§ 1346(b) and 2671 et seq. McCarthy was severely injured in a diving accident that occurred at a lake owned and operated by the United States and the Army Corps of Engineers as part of a federal flood control project. The district court concluded the United States was immune from...

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