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KINNIBURGH v. BURLINGTON NORTHERN R. CO.

No. CV 82-113-M.

568 F.Supp. 655 (1983)

Dale D. KINNIBURGH, Keith W. Kiser, Robert J. Wagar, and B, B & K, Inc., Plaintiffs, v. BURLINGTON NORTHERN RAILROAD COMPANY and Glacier Park Company, Defendants.

United States District Court, D. Montana, Missoula Division.

As Amended November 22, 1983.

Attorney(s) appearing for the Case

Donald A. Garrity, Garrity, Keegan & Brown, Helena, Mont., for plaintiffs.

Kurt W. Kroschel, Seattle, Wash., Wm. A. Brasher, Billings, Mont., for defendants.

OPINION AND ORDER

RUSSELL E. SMITH, District Judge.

Central to the solution of this case is the question of whether the Ninth Circuit case of Life Insurance Co. of North America v. Reichardt, 591 F.2d 499, decided January 11, 1979, or the case of Great American Federal Savings & Loan Association v. Novotny, 442 U.S. 366, 99 S.Ct. 2345, 60 L.Ed.2d 957, decided June 11, 1979...

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