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MORTISE v. U.S.

Nos. 86, 87, Dockets 96-6046, 96-6048.

102 F.3d 693 (1996)

Bernard J. MORTISE and Cheryl L. Mortise, Appellants, v. UNITED STATES of America, Appellee.

United States Court of Appeals, Second Circuit.

Decided December 24, 1996.

Attorney(s) appearing for the Case

Paul L. Pileckas, Rome, NY, for Appellants.

William F. Larkin, Assistant United States Attorney, Northern District of New York, Syracuse, NY, for Appellee.

Before: FEINBERG, CARDAMONE, and McLAUGHLIN, Circuit Judges.

McLAUGHLIN, Circuit Judge:

BACKGROUND

On a Saturday night in early March, 1991, Bernard and Cheryl Mortise and their friends, the Wagners, were riding on All Terrain Vehicles (ATV's) in upstate New York on land owned by Oneida County (the "County"). ATV's are three or four wheel motorized recreational vehicles somewhat akin to motorcycles. The Mortises had their own ATV's, as did each of the Wagners.

They sported on logging roads near Route 49 close...

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