Legal Opinion
Bernard J. Mortise and Cheryl L. Mortise v. United States
Court of Appeals for the Second Circuit
Decided December 24, 1996No. 86, 87, Dockets 96-6046, 96-6048PublishedCited by 105 opinions
1Opinion of the Court
McLAUGHLIN, Circuit Judge:
BACKGROUND
On a Saturday night in early March, 1991, Bernard and Cheryl Mortise and their friends, the Wagners, were riding on All Terrain Vehicles (ATV’s) in upstate New York on land owned by Oneida County (the “County”). ATV’s are three or four wheel motorized recreational vehicles somewhat akin to motorcycles. The Mortises had their own ATV’s, as did each of the Wagners.
They sported on logging roads near Route 49 close to the town of New London. The Mortises had made similar trips in the past; as before, the Mortises did not notice any signs or fences restricting…
2Cases cited14 opinions
- Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
- Cohens v. VirginiaSupreme Court of the United States · 1821
- United States v. LeeSupreme Court of the United States · 1882
- United States v. ShawSupreme Court of the United States · 1940
- Bovsun v. SanperiNew York Court of Appeals · 1984
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3Cited by105 opinions
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- Securities and Exchange Commission v. Joseph C. PalmisanoCourt of Appeals for the Second Circuit · 1998
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