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SCANLON v. DEPARTMENT OF ARMY

No. 01-1817.

277 F.3d 598 (2002)

Maribeth SCANLON and E. Michael Scanlon, Plaintiffs, Appellants, v. DEPARTMENT OF THE ARMY, Corps of Engineers, New England Division, Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided January 28, 2002.

Attorney(s) appearing for the Case

Lester M. Gold for appellant.

James B. Farmer, United States Attorney, with whom Cynthia W. Lie, Assistant United States Attorney, was on brief for appellees.

Before SELYA, Circuit Judge, ROSENN and CYR, Senior Circuit Judges.

ROSENN, Senior Circuit Judge.

The United States Army Corps of Engineers, New England Division (the Army), owns, operates, and maintains the Cape Cod Canal in Massachusetts. In addition to the maritime services at the Canal, the Army provides a recreational facility there known as the Sandwich Recreation Area within which is a parking lot.

In July 1997, Maribeth Scanlon, one of the appellants herein, visited the recreational area and parked her vehicle on a...

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