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BILDERBACK v. UNITED STATES

Civ. Nos. 79-1221, 79-1222.

558 F.Supp. 903 (1982)

Lora I. BILDERBACK, Plaintiff, v. UNITED STATES of America, Defendant. Charles N. BILDERBACK, Plaintiff, v. UNITED STATES of America, Defendant.

United States District Court, D. Oregon.

October 22, 1982.

Attorney(s) appearing for the Case

Richard E. Kingsley, Lebanon, Or., for plaintiffs.

Sidney I. Lezak, Portland, Or., for defendant.

OPINION

JAMES M. BURNS, Chief Judge:

A. Introduction

As dusk turned to dark October 14, 1977, Rocky, a frisky but otherwise undistinguished Forest Service pack horse, trotted eastward in the westbound lane of Highway 20, where he encountered two westbound motor vehicles. The first, a truck, fortunately for its driver (and for Rocky) swerved and avoided contact. The second vehicle carried plaintiffs, Mr. and Mrs. Bilderback, returning from...

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