Burrel Rubenstein v. United States

OPINION

Before ALDRICH * ELY and WALLACE, Circuit Judges.

This appeal is from a judgment, in favor of the Government, in a suit brought by Rubenstein under the Federal Tort Claims Act. 28 U.S.C. §§ 1346, 1402, 2671-2680.

Rubenstein and his son, along with a friend of the latter, made a visit to the Yellowstone National Park. Upon arriving there, they found no room accommodations available and decided to camp for the night in a partially lighted area near the lodge wherein they had unsuccessfully sought accommodations. The youths slept in the open, and Rubenstein, at first alone, slept in a tent.…