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MAHER v. U.S.

No. 93-16398.

56 F.3d 1039 (1995)

Steven Albert MAHER and Rebecca Maher, husband and wife, Plaintiffs-Appellants, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided May 26, 1995.

Attorney(s) appearing for the Case

Sheldon Lazarow, Lazarow & Lazarow, Tucson, AZ, for plaintiffs-appellants.

Roger L. Duncan, Asst. U.S. Atty., Tucson, AZ, for defendant-appellee.

Before: SNEED, NORRIS, and HALL, Circuit Judges.

Opinion by Judge SNEED; Dissent by Judge NORRIS.

SNEED, Circuit Judge:

This appeal presents a single question of law: Is a plaintiff who enters federal land to work a mining claim an invitee or a licensee under Arizona tort law? The district court held that the plaintiff in this case was a licensee. We affirm.

I.

In August 1989, Steven Maher was injured on federal land in the Black Hills Rockhound

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