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KELLEHER v. BIG SKY OF MONTANA

No. CV 85-55-BU-CCL.

642 F.Supp. 1128 (1986)

David A. KELLEHER, Plaintiff, v. BIG SKY OF MONTANA, the managing entity of Boyne U.S.A., Inc., a Michigan corporation, Defendant.

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

September 5, 1986.

Attorney(s) appearing for the Case

Randy J. Cox, Boone, Karlberg & Haddon, Missoula, Mont., for plaintiff.

Donald C. Robinson, Poore, Roth & Robinson, Butte, Mont., for defendant.

MEMORANDUM AND ORDER

LOVELL, District Judge.

Plaintiff seeks to recover damages sustained when he was caught in an avalanche on December 7, 1982, on the premises of defendant's ski resort south of Bozeman, Montana. Among defendant's affirmative defenses is its contention that plaintiff assumed those risks inherent in the sport of skiing pursuant to Montana's "skier statute," §§ 23-2-731 through 23-2-737, Mont. Code Ann.

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