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SPATH v. DILLON ENTERPRISES, INC.

No. CV 97-91-BU-DWM.

97 F.Supp.2d 1215 (1999)

Faith SPATH, as personal representative of the Estate Robert W. Spath, deceased, Faith Spath, individually, James Spath, individually, and Audrey Spath, individually, Plaintiffs, v. DILLON ENTERPRISES, INC., a Montana Corporation d/b/a Adventures Big-Sky, and John Does I-X Defendants.

United States District Court, D. Montana.

April 8, 1999.

Attorney(s) appearing for the Case

Robert W. Horn, Robert W. Horn, PC, Jackson Hole, WY, Jill D. LaRance, La Rance Law Firm, Billings, MT, R. Terrance Duddy, Kelly, Remmel & Zimmerman, Portland, ME, for Robert W. Spath, Faith Spath, James Spath, plaintiffs.

John R. Gordon, Reep, Spoon & Gordon, PC, Missoula, MT, for Dillon Enterprises, Inc., a Montana Corporation dba Adventures Big Sky, defendant.

ORDER

MOLLOY, District Judge.

Before me are the parties' cross motions for summary judgment and the Spaths' motion to amend the complaint. After consideration of the oral and written arguments, I am convinced that Montana would not adopt the doctrine of "contractual assumption of risk." Likewise, I am convinced that Dillon Enterprises, Adventures Big-Sky is not a common carrier. The complaint in this case can be amended to add emotional distress claims....

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