HARMON v. BILLINGS BENCH WATER USERS ASS'N

No. 84-4136.

765 F.2d 1464 (1985)

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

United States Court of Appeals, Ninth Circuit.

Decided July 19, 1985.

As Amended on Denial of Rehearing August 28, 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.


FARRIS, Circuit Judge:

OVERVIEW

On May 7, 1980, Virginia Harmon's five-year-old son drowned in an irrigation ditch running through the city of Billings, Montana that is owned and maintained by the Billings Bench Water Users Association. Acting both individually and as the personal representative of her son's estate, Harmon filed this wrongful death and survivorship action against the city and the Association. All three parties moved for summary judgment...

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