No. 88-5558.

877 F.2d 1314 (1989)

Jay L. CAPLAN and Eva M. Caplan, Plaintiffs-Appellees, v. UNITED STATES of America, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided June 30, 1989.

Attorney(s) appearing for the Case

David Y. Olinger, Jr., Asst. U.S. Atty., Louis DeFalaise, U.S. Atty., Lexington, Ky., Michael Jay Singer, Dept. of Justice, Civ. Div., Appellate Staff, William Cole (argued), Dept. of Justice, Appellate Section, Civ. Div., Washington, D.C., for defendant-appellant.

William A. Dykeman (argued), Winchester, Ky., for plaintiffs-appellees.

Before MARTIN and RYAN, Circuit Judges, and SMITH, District Judge.

RYAN, Circuit Judge.

The United States appeals the district court's judgment for plaintiffs entered after trial without a jury in this negligence action brought under the Federal Tort Claims Act, 28 U.S.C. §§ 1346(b), 2671 et seq. The action arose from injuries suffered by plaintiff Jay L. Caplan when he was struck by a falling tree as he worked as a tree cutter in a government-owned forest. We affirm the...

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