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CANADA v. BLAIN'S HELICOPTERS, INC.

No. 87-3535.

831 F.2d 920 (1987)

Jacalyn B. CANADA, as Personal Representative of the Estate of Bobby L. Canada, and Jacalyn B. Canada, on behalf of Christopher C. Canada, Lisa M. Canada, Candace C. Canada, and Jacalyn B. Canada, individually Under the Wrongful Death Act, Plaintiff-Appellant, v. BLAIN'S HELICOPTERS, INC.; Blain's Helicopter Sales & Service, Inc.; Blain's Mobile Home Court, Inc.; Gebhart Blain; Lee G. Bernier; Don L. Cook; Bell Helicopters, a division of Textron, Inc.; Avco Lycoming, a division of Avco Corporation, Avco Corporation; Gary Corporation; Gary Capps, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided November 5, 1987.

Attorney(s) appearing for the Case

James A. Patten, Billings, Mont., for plaintiff-appellant.

William L. Crowley, Missoula, Mont., for defendants-appellees.

Before GOODWIN, ALARCON and LEAVY, Circuit Judges.

GOODWIN, Circuit Judge:

Canada appeals a summary judgment in favor of the defendant Blain's Helicopter Sales and Service (BHS & S) in this diversity wrongful death case. Because genuine issues of material fact exist which preclude summary judgment, we reverse and remand.

On May 1, 1981, a helicopter owned by defendant BHS & S crashed near Williston, North Dakota. The pilot of the aircraft, Bobby L. Canada, and all seven passengers on board were fatally...

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