Adkins v. United States

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 95-2275 ANNA ADKINS, Plalintiff - Appellant, versus UNITED STATES OF AMERICA, through its agency The Department of the Army, Huntington Dis- trict Corps of Engineers; JOHN DOE, Defendants - Appellees. Appeal from the United States District Court for the Northern District of West Virginia, at Clarksburg. Irene M. Keeley, District Judge. (CA-94-94-1) Argued: March 8, 1996 Decided: March 26, 1996 Before HAMILTON and WILLIAMS, Circuit Judges, and WILLIAMS, Senior United States District Judge, Eastern District of Virginia, sitting by designation. Affirmed by unpublished per curiam opinion. ARGUED: Timothy Paul Armstead, CAREY, HILL & SCOTT, Charleston, West Virginia, for Appellant. Helen Campbell Altmeyer, Assistant United States Attorney, Wheeling, West Virginia, for Appellees. ON BRIEF: Michael W. Carey, CAREY, HILL & SCOTT, Charleston, West Virginia; R. Edison Hill, HILL, PETERSON, CARPER, BEE & DEITZLER, Charleston, West Virginia, for Appellant. William D. Wilmoth, United States Attorney, Wheeling, West Virginia, for Appellees. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c). PER CURIAM: This case is an appeal from summary judgment in favor of the defendant-appellee. The district court held that West Virginia's recreational use statute, W.Va. Code Ann. § 19-25-2 (1993), in conjunction with the Federal Tort Claims Act, 28 U.S.C. § 2671 et seq., shields the United States from liability under the facts of the case. For the reasons stated by the district court, the judg- ment is in all respects affirmed. AFFIRMED