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BLACKBURN v. U.S.

No. 95-55859.

100 F.3d 1426 (1996)

Ryan Anthony BLACKBURN, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided November 19, 1996.

Attorney(s) appearing for the Case

Kurt P. Autor, Falkowski & Autor, Los Angeles, CA, for plaintiff-appellant.

Roger E. West and Julie Zatz, Assistant United States Attorneys, Los Angeles, CA, and Barbara Goodyear, (of counsel), United States Department of the Interior, San Francisco, CA, for defendant-appellee.

Before: D.W. NELSON, T.G. NELSON and THOMAS, Circuit Judges.

T.G. NELSON, Circuit Judge:

I

Ryan Anthony Blackburn filed an action for damages against the United States under the Federal Tort Claims Act, 28 U.S.C. §§ 2671, et seq. ("FTCA"). Blackburn claimed that the Government was negligent in failing to warn of the danger of diving off the Stoneman Bridge in Yosemite National Park. The Government moved for summary judgment, claiming that the district court lacked subject matter jurisdiction over...

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