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3. Under the "Like Circumstances" Test of the FTCA, to Whom is the United States Most Reasonably Analogous Randy Edward Hayes appeals from the district court's denial of his motion to dismiss an indictment charging him with three counts of possessing firearms after having been convicted of the predicate 1) Her Honour was not satisfied that the activity being undertaken at the time Mr Mourlas was shot was a dangerous recreational activity as defined by the Act; and 2) therefore Mr Fallas was not entitled to the immunity provisions of the Act, being no liability for harm suffered from obvious risks of dangerous recreational activities, under s 5L of the Act.


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