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BEAR MEDICINE v. U.S.

No. CV-95-100-GF-DWM.

192 F.Supp.2d 1053 (2002)

Marlys BEAR MEDICINE and Delores Iron Shirt, as Co-Personal Representatives of the Estate of Leland Kicking Woman, George Kicking Woman, Molly Kicking Woman, Marlys Bear Medicine, individually and as guardian of Tanielle Kicking Woman and George Lee Kicking Woman, II, and Dana Murray, as guardian of Brandi Kicking Woman, Susan Kicking Woman, Lissa Kicking Woman and Leland Kicking Woman, Jr., Plaintiffs, v. UNITED STATES of America, Defendant.

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

March 22, 2002.

Attorney(s) appearing for the Case

Joe R. Bottomly, Bottomly Law Offices, Kalispell, MT, Monte D. Beck, Beck & Richardson, Bozeman, MT, for Plaintiffs.

George F. Darragh, Jr., Office of the U.S. Attorney, Great Falls, MT, for Defendant.

FINDINGS OF FACT, CONCLUSIONS OF LAW & VERDICT

MOLLOY, Chief Judge.

I. INTRODUCTION

This case stems from a catastrophic logging accident on the Blackfeet Reservation. The BIA had contracted with a local logging company, Lone Bear Logging, to harvest timber on the St. Mary's Unit of the Blackfeet Reservation. Leland Kicking Woman was at the logging site for a try-out as a feller. A tree fell in an unintended direction toward Kicking Woman and...

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