BEAR MEDICINE v. U.S. EX REL. SEC. OF INTERIOR

No. 99-35665.

241 F.3d 1208 (2001)

MARLYS BEAR MEDICINE, as co-personal representative of the estate of Leland Kicking Woman; Delores Iron Shirt, as co-personal representative of the estate of Leland Kicking Woman; George Kicking Woman; Molly Kicking Woman; Marlys Bear Medicine, individually and as guardian of Tanielle Kicking Woman and George Lee Kicking Woman, II; Dana Murray, as guardian of Brandi Kicking Woman, Susan Kicking Woman, Lissa Kicking Woman, and Leland Kicking Woman, Jr., Plaintiffs-Appellants, v. UNITED STATES of America, acting by and through the SECRETARY OF THE DEPARTMENT OF INTERIOR, Bureau of Indian Affairs, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed March 7, 2001.


Attorney(s) appearing for the Case

Monte D. Beck, Beck & Richardson, Bozeman, Montana; Joe Bottomly, Bottomly Law Offices, Kalispell, Montana, for the plaintiffs-appellants.

David W. Odgen, Acting Assistant Attorney General, Washington, D.C.; Sherry S. Matteucci, U.S. Attorney, Washington, D.C.; Mark B. Stern and Steven I. Frank, United States Department of Justice, Washington, D.C., for the defendant-appellee.

Before: ARTHUR L. ALARCON, WARREN J. FERGUSON, and M. MARGARET McKEOWN, Circuit Judges.


Argued and Submitted October 5, 2000 — Seattle, Washington.

FERGUSON, Circuit Judge:

Leland Kicking Woman, a male member of the Blackfeet Indian Tribe (the "Tribe"), was fatally injured when a tree fell on him at a logging site on the Blackfeet Indian Reservation in Montana. Kicking Woman's descendants and executors filed an action under the Federal Tort Claims Act ("FTCA"), 28 U.S.C. §§ 2671-2680, against the United States. In granting the...

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