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COWDEN v. BEAR COUNTRY, INC.

Civ. No. 74-5002.

382 F.Supp. 1321 (1974)

Jason COWDEN, by and through his Guardian Ad Litem Judy Cowden v. BEAR COUNTRY, INC., a South Dakota Corporation.

United States District Court, D. South Dakota.

October 25, 1974.

Attorney(s) appearing for the Case

Morton R. Wilkins, Jr., Gunderson, Farrar, Aldrich, Warder, DeMersseman & Wilkins, Rapid City, S. D., for plaintiff.

Gene Bushnell, Costello, Porter, Hill, Nelson, Heisterkamp & Bushnell, Rapid City, S. D., for defendant.

MEMORANDUM OPINION

BOGUE, District Judge.

The above matter has come before this Court pursuant to plaintiff's motion for summary judgment and defendant's motion to dismiss the complaint for failure to state a claim upon which relief can be granted. A hearing was held by this Court on both motions on September 3, 1974.

The facts of this case are with certain important exceptions not in dispute. The plaintiff, Jason Cowden, was born August 14, 1971...

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