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McDONALD v. MEANS

Nos. 99-36166, 00-35002.

300 F.3d 1037 (2002)

Arthur L. McDONALD; Rita McDonald; Karla McDonald; Justin D. McDonald, Plaintiffs, v. Patti MEANS; Kale Means, Defendants, The Northern Cheyenne Tribe, Intervenor-Appellant, v. USDC-Billings, Appellee. Arthur L. McDonald; Rita McDonald; Karla McDonald; Justin D. McDonald, Plaintiffs-Appellees, v. Patti Means; Kale Means, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Filed August 14, 2002.

Attorney(s) appearing for the Case

Steven A. Kelly, Lame Deer, MT, for the intervenor-appellant.

Clarence Belue, Billings, MT, for the defendants-appellants.

Gregory G. Murphy, Moulton, Bellingham, Longo & Mather, P.C., Billings, MT, for the plaintiffs-appellees.

Before: BROWNING, WALLACE and T.G. NELSON, Circuit Judges.

BROWNING, Circuit Judge.

This case arises from an accident on Route 5, a Bureau of Indian Affairs ("BIA") road within the Northern Cheyenne Indian Reservation in Big Horn County, Montana. On the evening of May 2, 1998, Kale Means, a member of the Cheyenne Tribe and a minor, was seriously injured when his car struck a horse that had wandered onto Route 5. The horse belonged to Arthur L. McDonald, who operated a quarter horse ranching operation on land he owns in fee...

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