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MUNGER v. CITY OF GLASGOW POLICE DEPT.

No. 98-36090.

227 F.3d 1082 (2000)

Gloria MUNGER, Personal Representative of the Estate of Lance K. Munger, deceased; and Donald M. Munger and Gloria Munger, individually, Plaintiffs-Appellants, v. CITY OF GLASGOW POLICE DEPARTMENT, Michael Sukut, Vernon Buerkle, Valley County Sheriff's Department, Brien Gault and Tim Nixdorf, Defendants-Appellees, Michael Sukut, Vernon Buerkle, Valley County Sheriff's Department, Brien Gault and Tim Nixdorf, Third-party plaintiffs, v. William Fastje and John Doe No. 1 and John Doe No. 2, d/b/a Stockman Bar, and Patricia Mulligan, John Doe No. 3 and John Doe No. 4, d/b/a Stan's Saloon, Third-party defendants.

United States Court of Appeals, Ninth Circuit.

Filed September 6, 2000.

Attorney(s) appearing for the Case

Patricia O'Brien Cotter, Cotter & Cotter, Great Falls, Montana, for the plaintiffs-appellants.

Kevin Meek, Davis, Hatley, Haffman & Tighe, P.C., Great Falls, Montana, and Mark Higgins, Ugrin, Alexander, Zadick & Higgins, Great Falls, Montana, for the defendants-appellees.

Before: FLETCHER, HALL, and TASHIMA, Circuit Judges.

FLETCHER, Circuit Judge:

Gloria and Donald Munger appeal the district court's grant of summary judgment to the defendants-appellees in their suit alleging § 1983 and state law negligence causes of action.

I.

The night of March 3, 1995 was a bitter cold one in Glasgow, Montana. The temperature at midnight was recorded at 11 degrees, with a windchill factor of minus 20-25 degrees. Lance Munger, a 35-year-old unemployed welder, was out drinking...

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