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HUBBARD v. BROWN

Docket No. S009697.

50 Cal.3d 189 (1990)

785 P.2d 1183

266 Cal. Rptr. 491

WAYNE K. HUBBARD et al., Plaintiffs and Appellants, v. BEN BROWN, JR., et al., Defendants and Respondents.

Supreme Court of California.

February 15, 1990.

Attorney(s) appearing for the Case

COUNSEL

Wade R. Thompson and William M. Lyons for Plaintiffs and Appellants.

Mackenroth, Seley & Anwyl, Dennis G. Seley, Robert M. Shannon, Robert A. Cutbirth, Marer, Marer & Schuck and Gerald Z. Marer for Defendants and Respondents.

OPINION

PANELLI, J. —

I. INTRODUCTION

A motorcycle rider was injured as a result of colliding with a barbed wire gate which had been erected across a road in a national forest by the holder of a federal grazing permit. The injured rider sued the permit holder for negligence. Citing section 846 of the Civil Code (hereafter section 846), which immunizes owners of interests in real property from liability arising out...

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