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MILNE v. USA CYCLING INC.

No. 07-4247.

575 F.3d 1120 (2009)

Robert J. MILNE, an individual; Timothy K. Sorrow, individually and as personal representative on behalf of his deceased son, Samuel B. HALL, Plaintiffs-Appellants, v. USA CYCLING INC., a Colorado corporation, d/b/a National Off-road Bicycle Association; Cycle Cyndicate Inc., a Colorado Corporation; Eric Jean, an individual, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

August 10, 2009.

Attorney(s) appearing for the Case

Steve Russell (Jordan Kendall with him on the briefs) of Eisenberg & Gilchrist, Salt Lake City, UT, for Plaintiffs-Appellants.

Allan L. Larson (Richard A. Vazquez with him on the briefs) of Snow, Christensen, & Martineau, Salt Lake City, UT, for Defendants-Appellees.

Before McCONNELL, EBEL, and GORSUCH, Circuit Judges.

EBEL, Circuit Judge.

This diversity jurisdiction case involves Utah state law claims of negligence, gross negligence, and wrongful death based on a tragic accident that occurred during a bicycle race called the "Tour of Canyonlands" near Moab, Utah. During the race, one or more of the racers collided with an SUV and trailer driving in the opposite direction. One racer was killed, and another was badly injured. The injured rider and the decedent's mother—in...

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