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KINNIBURGH v. SAFECO INS. CO. OF AMERICA

No. CV 00-103-M-DWM.

164 F.Supp.2d 1213 (2001)

Barbara KINNIBURGH, Personal Representative of the Estate of James M. Kinniburgh, Plaintiff, v. SAFECO INSURANCE COMPANY OF AMERICA, a stock insurance company, Defendants.

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

September 28, 2001.

Attorney(s) appearing for the Case

David L. Astle, Astle & Astle, Kalispell, MT, for Plaintiff.

Robert J. Phillips, John E. Bohyer, Tammy Wyatt-Shaw, Phillips & Bohyer, Missoula, MT, for Defendants.

ORDER

MOLLOY, Chief Judge.

United States Magistrate Judge Leif B. Erickson entered Findings and Recommendation in this matter on May 3, 2001. No party objected. This Court will review the Findings and Recommendation for clear error. McDonnell Douglas Corp. v. Commodore Bus. Mach., Inc., 656 F.2d 1309, 1313 (9th Cir.1981).

Plaintiff's decedent, James Kinniburgh, died on July 23, 1999, while attempting to extinguish...

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