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KOPEIKIN v. MOONLIGHT BASIN MANAGEMENT, LLC

No. CV 13-45-BU-DLC.

981 F.Supp.2d 936 (2013)

Brian KOPEIKIN, M.D., Plaintiff, v. MOONLIGHT BASIN MANAGEMENT, LLC, d/b/a Moonlight Basin Resort, Defendant.

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

November 7, 2013.

Attorney(s) appearing for the Case

Edward P. Moriarity, Moriarity Badaruddin & Booke, LLC, Missoula, MT, for Plaintiff.

Ian McIntosh, Crowley Fleck, Bozeman, MT, for Defendant.

ORDER

DANA L. CHRISTENSEN, Chief Judge.

Before the Court is Defendant Moonlight Basin Management, LLC's ("Moonlight") Rule 12(b)(6) motion to dismiss. Moonlight contends Plaintiff Brian Kopeikin's claim must be dismissed because the complaint alleges an injury resulting from "the inherent dangers and risks of skiing," as defined in Montana Code Annotated § 23-2-702, for which Moonlight cannot be held liable...

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