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BAKER v. SAN CARLOS IRR. PROJECT

No. CIV. 00-2380PHX-SRB.

176 F.Supp.2d 970 (2001)

Susan BAKER, individually and as surviving mother of Sarah Baker, deceased; Jesse Bishop, individually, Plaintiffs, v. SAN CARLOS IRRIGATION PROJECT, an agency/subsidiary of the Bureau of Indian Affairs, a division of the Department of Interior, United States Federal Government, Defendants.

United States District Court, D. Arizona.

December 13, 2001.

Attorney(s) appearing for the Case

Charles Moulton Brewer, John B. Brewer, Charles M. Brewer Ltd., Phoenix, AZ, for plaintiffs.

Martin Mathers, Gage & Mathers Ltd., Phoenix, AZ, for Jesse Bishop.

Jill Dahlmann Rosa, U.S. Dept. of Justice, Torts Branch Aviation & Admiralty, Washington, DC, John Robert Mayfield, U.S. Attorney's Office, Phoenix, AZ, for defendants.

ORDER

BOLTON, District Judge.

This matter comes before the court on the Motion of Defendant United States of America to dismiss the complaint, or, in the alternative, for summary judgment (Docs. 3-1 and 3-2) and the Plaintiffs' Motion requesting a continuance pursuant to Rule 56(f) of the Federal Rules of Civil Procedure (Doc. 13-1). On September 10, 2001, the court heard oral argument and took these motions under advisement.

As an initial matter...

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