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DUKE v. DEPARTMENT OF AGRICULTURE

No. 95-2281.

131 F.3d 1407 (1997)

Joel Ray DUKE, by his father and next friend Danny Duke; Danny Duke, Plaintiffs-Appellants, v. DEPARTMENT OF AGRICULTURE, Forest Service, USA; State of New Mexico, Department of Game and Fish and State Highway Department, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

December 17, 1997.

Attorney(s) appearing for the Case

Colleen M. Clear of Clear & Clear, Albuquerque, NM, for Plaintiffs-Appellants.

Marilyn S. Hutton, Assistant U.S. Attorney (John J. Kelly, United States Attorney, with her on the brief), Albuquerque, NM, for Defendant-Appellee United States of America.

John M. Wells, Albuquerque, NM, for Defendant-Appellee State of New Mexico.

Before HENRY, LOGAN and BRISCOE, Circuit Judges.

LOGAN, Circuit Judge.

Plaintiff Danny Duke, individually and as next friend of plaintiff Joel Ray Duke, appeals the district court's grant of summary judgment in favor of defendants, United States and the State of New Mexico. Plaintiffs asserted that six-year-old Joel Duke suffered serious brain injury when a boulder rolled down a hillside and smashed into his tent while he was camping with his family in the Gila National Forest. Plaintiffs' claim for damages against...

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