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GATHERIDGE v. STRATA CORP.-BRADSHAW GRAVEL SUPPLY

No. 96-3900.

119 F.3d 710 (1997)

William John GATHERIDGE, Jr., and State of Minnesota, Department of Human Services, Appellants, v. STRATA CORPORATION—BRADSHAW GRAVEL SUPPLY, INC., a North Dakota Corporation, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided July 11, 1997.

Attorney(s) appearing for the Case

Carol Lynn O'Gara, Minneapolis, MN, argued (Harry Sieben, Jr., Minneapolis, Mn, on the brief), for appellants.

Raymond Lee Tahnk-Johnson, Eagan, Mn, for appellee.

Before RICHARD S. ARNOLD, Chief Judge, and BOWMAN and MORRIS SHEPPARD ARNOLD, Circuit Judges.

MORRIS SHEPPARD ARNOLD, Circuit Judge.

William John Gatheridge, Jr., a young man of nineteen who was paralyzed when he dived into and hit the bottom of a water-filled gravel pit owned by Strata Corporation ("Strata"), appeals from a summary judgment entered below in favor of Strata. The case, here under our diversity jurisdiction, is governed by Minnesota law. We affirm the judgment of the district court.1

I.

In the summer...

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