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HARMON v. BILLINGS BENCH WATER USERS ASSOCIATION

No. 84-4136.

776 F.2d 1441 (1985)

Virginia HARMON, individually and as personal representative of the Estate of Brandon Scott Harmon, Plaintiff-Appellant, v. The BILLINGS BENCH WATER USERS ASSOCIATION and the City of Billings, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

November 22, 1985.

Attorney(s) appearing for the Case

Donald W. Molloy, Anderson, Edwards & Molloy, Billings, Mont., for plaintiff-appellant.

Steven Harmon, Anderson Law Firm, Billings, Mont., for defendants-appellees.

Before HUG, FARRIS, and BOOCHEVER, Circuit Judges.

ORDER

Billings Bench Water Users Association brings an emergency motion urging us to withdraw and reconsider our published opinion of July 19, 1985, 765 F.2d 1464 (9th Cir.1985), wherein we addressed a district court disposition granting summary judgment against the mother of a five-year-old who drowned in an irrigation ditch. We affirmed in part but reversed and remanded for trial on theories of attractive nuisance and negligence...

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