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051114P.pdf   11/15/2005  Marques Good Low  v.  United States
   U.S. Court of Appeals Case No:  05-1114
   District of South Dakota   
   [PUBLISHED] [Melloy, Author, with Beam and Benton, Circuit Judges]
Civil Case - Federal Tort Claims Act. Judgment in favor of government in negligence action is affirmed. Finding that plaintiff's conduct contributed more than slightly to injuries sustained when compared to the conduct of defendants is not clearly erroneous. Last clear chance doctrine does not apply to the circumstances of this case. Plaintiff's failure to protect himself constituted continuing negligence and last clear chance is inapplicable.