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OBERSON v. U.S. DEPT. OF AGRICULTURE, FOREST SERV.

No. 04-35268.

514 F.3d 989 (2008)

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, v. UNITED STATES DEPARTMENT OF AGRICULTURE, FOREST SERVICE, Defendant-Third-Party Plaintiff-Appellant, 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.

Filed January 30, 2008.

Attorney(s) appearing for the Case

Tom L. Lewis and J. David Slovak, 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, Mayer Building, Butte, MT, for Third Party Defendant Patrick B. Kalahar.

No Appearance for Third-Party Defendant Tim A. Johnson.

Before: RONALD M. GOULD and MARSHA S. BERZON, Circuit Judges, and WILLIAM W. SCHWARZER, District Judge.

AMENDED OPINION **

SCHWARZER, District Judge:

I. PROCEDURAL BACKGROUND

Brian Musselman (Musselman) was gravely injured in a snowmobile accident on a National Forest trail. Lori Oberson, his legal guardian, and others brought this action against the United States under the Federal Tort Claims Act (FTCA), 28 U.S.C. § § 2671-2680, alleging that the United States Forest Service negligently failed to correct or...

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