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STATE OF MONT. v. GILHAM

No. 95-041-GF.

932 F.Supp. 1215 (1996)

STATE OF MONTANA, Plaintiff, v. Toni A. GILHAM, individually and as Personal Representative of the Estate of Christine Marie Gilham, Defendant.

United States District Court, D. Montana, Great Falls Division.

July 8, 1996.

Attorney(s) appearing for the Case

Joseph P. Mazurek, Harley R. Harris, Clay R. Smith, Office of the Montana Attorney General, Helena, MT, Maxon R. Davis, Paul R. Haffeman, Davis, Hatley, Haffeman & Tighe, P.C., Great Falls, MT, for State of Mont.

Turner C. Graybill, Graybill, Ostrem & Crotty, Great Falls, MT, Philip E. Roy, Roy Law Office, Great Falls, MT, for Toni A. Gilham.

MEMORANDUM AND ORDER

HATFIELD, Senior District Judge.

BACKGROUND

The above-entitled matter has its genesis in a single-vehicle accident which occurred on January 14, 1986, and resulted in the death of Christine Marie Gilham. The accident occurred at the intersection of U.S. Highways Nos. 2 and 89, located west of Browning, Montana, within the exterior boundaries of the Blackfeet Indian Reservation.

On March 21, 1986, plaintiff...

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