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BIG HEAD v. UNITED STATES

Civ. Nos. 162, 163.

166 F.Supp. 510 (1958)

Dessie BIG HEAD, Administratrix of the Estate of Frank Big Head, Deceased, Plaintiff, v. UNITED STATES of America, and Lester C. Scott, Defendants. Dessie BIG HEAD, Plaintiff, v. UNITED STATES of America, and Lester C. Scott, Defendants.

United States District Court D. Montana, Billings Division.

October 8, 1958.

Attorney(s) appearing for the Case

Bert W. Kronmiller and Douglas Y. Freeman, Hardin, Mont., for plaintiff.

Krest Cyr, U. S. Atty., Butte, Mont., Waldo N. Spangelo, Asst. U. S. Atty., Billings, Mont., for defendant United States.

Coleman, Lamey & Crowley, Billings, Mont., for defendant Lester C. Scott.

JAMESON, District Judge.

In each of these cases the defendants have filed separate motions to dismiss plaintiff's amended complaint on the ground that it fails to state a claim upon which relief can be granted. No briefs have been filed in support of the motions of the defendant Scott, and his motions accordingly are submitted for summary ruling pursuant to Rule 7(a) of the Rules of Procedure of the United States District...

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