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BROOKS v. TIMBERLINE TOURS, INC.

No. 96-1500.

127 F.3d 1273 (1997)

Martha M. BROOKS and D. Gregory Brooks, Plaintiffs-Appellants, v. TIMBERLINE TOURS, INC., a Colorado Corporation, a/k/a Kelchner Enterprises, Inc.; Gregory A. Kelchner, d/b/a Timberline Tours, Inc; Ted A. Keleske; and Michael A. Van Luven, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

October 30, 1997.

Attorney(s) appearing for the Case

Cuba Y. Hollaway (Gerald R. Blixt with him on the briefs) of Bennett and Hollaway, Colorado Springs, CO, for Plaintiffs-Appellants.

R. Eric Peterson (John M. Lebsack with him on the brief) of White and Steele, P.C., Denver, CO, for Defendants-Appellees.

Before SEYMOUR, Chief Judge, McKAY and HENRY, Circuit Judges.

McKAY, Circuit Judge.

Plaintiff, Mrs. Martha Brooks, was injured and her minor son was killed in a snowmobile accident while participating in a snowmobile tour conducted by Defendant Timberline Tours, Inc. Mrs. Brooks and her husband filed a diversity suit against Timberline Tours, Inc. and the other Defendants in the United States District Court for the District of Colorado. Plaintiffs alleged that the negligence of Defendants caused the accident in which their son...

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