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WEISS v. U.S.

No. 88-1583.

889 F.2d 937 (1989)

Joseph WEISS, Jr. and Brigitte Weiss, Plaintiffs-Appellants, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

November 16, 1989.

Attorney(s) appearing for the Case

Shelley B. Don (Watson W. Galleher with him on the briefs), Denver, Colo., for plaintiffs-appellants.

William G. Pharo, Jr., Asst. U.S. Atty. (Michael J. Norton, Acting U.S. Atty., with him on the brief), Denver, Colo., for defendant-appellee.

Before HOLLOWAY, Chief Judge, SEYMOUR, and ANDERSON, Circuit Judges.

STEPHEN H. ANDERSON, Circuit Judge.

On August 23, 1976, a helicopter piloted by plaintiff-appellant Joseph Weiss, Jr., crashed in the Buckskin Canyon area of Pike National Forest after striking an aerial tramway cable suspended approximately 150 feet above the ground. The upper end of the tramway, and about two-thirds of the cable (including the point of impact), extended over federal land.

Weiss sued defendant-appellee United States of America, seeking damages...

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