CUDWORTH v. MIDCONTINENT COMMUNICATIONS

No. 03-2187.

380 F.3d 375 (2004)

Irene CUDWORTH; Randy Cudworth, Appellants, v. MIDCONTINENT COMMUNICATIONS; Midcontinent Communications Investor, LLC; Midco Communications, Inc.; Midcontinent Media, Inc.; Midco of South Dakota, Inc., Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: August 23, 2004.

Rehearing and Rehearing Denied October 7, 2004.


Attorney(s) appearing for the Case

Steven A. Storslee, argued, Bismarck, North Dakota (Larry B. Leventhal, Minneapolis, Minnesota on the brief), for appellant.

Richard N. Jeffries, argued, Fargo, North Dakota, for appellee.

Before WOLLMAN, HANSEN, and COLLOTON, Circuit Judges.


Rehearing and Rehearing En Banc Denied October 7, 2004.

WOLLMAN, Circuit Judge.

Randy Cudworth was pulled from his snowmobile and rendered a quadriplegic when he collided with a rope barrier strung across property owned by the appellees, whom we will refer to collectively as "Midcontinent." In the ensuing lawsuit by Cudworth and his wife, the district court1 granted summary judgment in Midcontinent's favor, concluding that North...

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