Lori OBERSON, Legal Guardian for Brian Musselman, an incapacitated person; Kimberlee Musselman, individually and as the Natural Mother of Devon Musselman, a minor, Plaintiffs-Appellees-Cross-Appellants,
v.
UNITED STATES DEPARTMENT OF AGRICULTURE, FOREST SERVICE, Defendant-Third-Party Plaintiff-Appellant-Cross-Appellee, and
State of Montana, by and through the Department of Fish, Wildlife and Parks; West Yellowstone Chamber of Commerce, Defendants-Third-Party Plaintiffs,
v.
Jamie Louis Leinberger; Patrick B. Kalahar; Tim A. Johnson, Third-Party Defendants.
United States Court of Appeals, Ninth Circuit.https://leagle.com/images/logo.png
Argued and Submitted December 7, 2005.
Filed March 20, 2006.
Attorney(s) appearing for the Case
Tom L. Lewis, Lewis, Slovak & Kovacich, Great Falls, MT, and Andrew D. Huppert, Petit, Hock & Huppert, Missoula, MT, for Plaintiffs/Appellants Lori Oberson, Legal Guardian for Brian Musselman, Kimberlee Musselman, individually and as Natural Mother of Devon Musselman, a minor.
Bernard F. Hubley, USHE-Office of the U.S. Attorney, Helena, MT, and H. Thomas Byron, III, U.S. Department of Justice, Civil Division/Appellate Staff, Washington, DC, for Defendant/Third-Party Plaintiff/Appellee United States Department of Agriculture, Forest Service.
Lucy T. France, Garlington, Lohn & Robinson, PLLP, Missoula, MT, for Defendant/Third-Party Plaintiff State of Montana, by and through the Department of Fish, Wildlife and Parks.
Gig A. Tollefsen, Berg, Lilly & Tollefsen, Bozeman, MT, for Defendant/Third-Party Plaintiff West Yellowstone Chamber of Commerce.
Jamie Louis Leinberger, Bay City, MI, for Third-Party Defendant Jamie Louis Leinberger.
Marshal L. Mickelson, Corette, Pohlman, Allen, Black & Carlson, Butte, MT, for Third Party Defendant Patrick B. Kalahar.
Before: RONALD M. GOULD and MARSHA S. BERZON, Circuit Judges, and WILLIAM W SCHWARZER, Senior District Judge.
United States Court of Appeals, Ninth Circuit.
SCHWARZER, Senior District Judge.
I. CERTIFICATION OF QUESTIONS OF LAW
Pursuant to Rule 44(c) of the Montana Rules of Appellate Procedure, we respectfully request the Montana Supreme Court to exercise its discretion to adjudicate the following questions of Montana law:
1. Does the gross negligence standard of care in the snowmobile liability statute, MONT. CODE ANN. § 23-2-653 (1996), violate the Montana...
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