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FISHER v. U.S. ARMY CORPS OF ENGINEERS

No. 93-1882.

31 F.3d 683 (1994)

Mark FISHER, Appellant, v. UNITED STATES ARMY CORPS OF ENGINEERS, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided August 4, 1994.

Rehearing and Suggestion for Rehearing Denied November 1, 1994.

Attorney(s) appearing for the Case

Amanda Potterfield, Cedar Rapids, IA, argued, for appellant.

William C. Purdy, Sp. Asst. U.S. Attorney, Des Moines, IA, argued, for appellee.

Before JOHN R. GIBSON, Senior Circuit Judge, MORRIS SHEPPARD ARNOLD, Circuit Judge, and D. BROOK BARTLETT, District Judge.

Rehearing and Suggestion for Rehearing En Banc Denied November 1, 1994.

BARTLETT, District Judge.

On June 17, 1989, Mark Fisher was swimming and diving in a designated recreational area of the Coralville Reservoir known as West Overlook. The Reservoir is owned and operated by the Army Corps of Engineers. No life guard was present at the designated recreational area, nor were the shallow areas marked. Fisher dove into shallow water from a standing or running...

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