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BERGE v. BOYNE USA, INC.

Nos. 84-4428, 85-3586.

779 F.2d 1445 (1986)

Jon BERGE, Plaintiff-Appellee/Cross-Appellant, v. BOYNE USA, INC., a Michigan corporation, Defendant-Appellant/Cross-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided January 9, 1986.

Attorney(s) appearing for the Case

Theodore Russ Dunn, Goetz, Madden & Dunn, Bozeman, Mont., Terry Trieweiler, Hoyt & Trieweiler, Whitefish, Mont., for plaintiff-appellee, cross-appellant.

Gig A. Tollesfen, Berg, Coil, Stokes & Tollesfen, Bozeman, Mont., for defendant-appellant, cross-appellee.

Before REINHARDT and BEEZER, Circuit Judges, and COYLE, District Judge

PER CURIAM:

In this diversity action defendant appeals on the ground, inter alia, that the district court incorrectly concluded that Montana has abandoned the distinction between "trespassers," "invitees," and "licensees" when determining the duty of care a property owner owes to someone who is injured on its property. We review de novo the district court's interpretation of state law. In re McLinn, 739 F.2d 1395 (9th...

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