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ELLER v. M.L.D. TRUST

Civ. No. 2547.

241 F.Supp. 800 (1965)

David A. ELLER, Administrator of the Estate of David Allan Eller, deceased, Plaintiff, v. M.L.D. TRUST, a trust organized under the laws of the State of Montana, Inn Operations, Inc., a foreign corporation, and W. A. Klinger, Inc., a foreign corporation, Defendants.

United States District Court D. Montana, Great Falls Division.

May 24, 1965.

Attorney(s) appearing for the Case

Hoyt & Bottomly, Great Falls, Mont., for plaintiff.

Jardine, Stephenson, Blewett & Weaver, Great Falls, Mont., for defendant Inn Operations, Inc.

Alexander, Kuenning & Hall, Great Falls, Mont., for defendant W. A. Klinger, Inc.

JAMESON, District Judge.

In this action, instituted in the state court of Cascade County and removed to this court by the defendants Inn Operations, Inc. and W. A. Klinger, Inc., the plaintiff seeks damages for the death of an eight-year old boy, who was drowned in a swimming pool on the premises of Holiday Inn Motel in Great Falls, Montana. Plaintiff has filed a motion to remand. Briefs have been submitted by the respective parties, and oral argument has been waived...

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