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EPLING v. UNITED STATES

No. 24495.

453 F.2d 327 (1971)

Archie EPLING, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

December 2, 1971.

Attorney(s) appearing for the Case

Edward Epling (argued), Edward L. Hohn, Phoenix, Ariz., for plaintiff-appellant.

Alice A. Wright, Asst. U. S. Atty. (argued), Richard K. Burke, U. S. Atty., Richard C. Gormley, Asst. U. S. Atty., for defendant-appellee.

Before TRASK and CHOY, Circuit Judges, and BYRNE, Sr., District Judge.

CHOY, Circuit Judge:

Archie Epling brought this negligence action against the United States under the Federal Tort Claims Act. The District Court found no negligence on the part of the government and entered judgment against Epling, who appeals. We affirm.

Epling went for a late Sunday afternoon ride on a motorcycle with a female passenger riding on the seat behind him, along Route 66, westerly of Winslow, Arizona. About 6:00 p.m. as dusk was coming on, Epling...

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