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FISHER v. UNITED STATES

No. CV 81-71-M.

534 F.Supp. 514 (1982)

Kenneth J. FISHER and Bonnie L. Fisher, Surviving Natural Parents of Alicia Fisher, Deceased, Plaintiffs, v. UNITED STATES of America, Defendant.

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

March 11, 1982.

Attorney(s) appearing for the Case

E. Eugene Atherton, McGarvey, Lence & Heberling, Kalispell, Mont., for plaintiffs.

Allen R. McKenzie, Asst. U.S. Atty., Butte, Mont., Sandra Jenkins, Torts Branch, Civ. Div., Dept. of Justice, Washington, D.C., for defendant.

OPINION AND ORDER

RUSSELL E. SMITH, District Judge.

Plaintiffs bring this Federal Tort Claim action for wrongful death of their minor daughter.

The uncontradicted facts, disclosed by the depositions and affidavits, are: The Lee Metcalf National Wildlife Refuge is federally owned and controlled. Portions of it are open to the public free of charge, and the Fish and Wildlife Service conducts guided tours...

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