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AUSTIN'S EXP., INC. v. ARNESON

No. CV 97-133-BLG-JDS.

996 F.Supp. 1269 (1998)

AUSTIN'S EXPRESS, INC., and Walter J. Schnobrich, Plaintiffs, v. Ron ARNESON, Special Judge, Crow Tribal Court of the Crow Indian Reservation, Linda Dust, Personal Representative of the Estate of Dallas Dust, Deceased, and Linda Dust, Individually, Defendants.

United States District Court, D. Montana, Billings Division.

March 12, 1998.

Attorney(s) appearing for the Case

Gregory G. Murphy, K. Kent Koolen, Moulton, Bellingham, Longo & Mather, PC, Billings, MT, for Austin's Express, Inc., Walter J. Schnobrich.

Robert S. Pelcyger, John Fredericks, III, Fredericks, Pelcyger, Hester & White, Boulder, CO, Marjel Russell, James Yellowtail, Crow Tribal Legal Dept., Billings, MT, for Ron Arneson.

Clarence Belue, Belue Law Office, Billings, MT, for Linda Dust.

ORDER

SHANSTROM, Chief Judge.

This matter comes before the Court on the parties' cross-motions for summary judgment.

BACKGROUND

On October 24, 1995, Dallas Dust, a member of the Crow Tribe, was fatally injured when he was struck by a truck while he was standing on a portion of the Interstate 90 right-of-way that traverses the Crow Indian Reservation.1

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