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COLE v. F.B.I.

No. CV-09-21-BLG-RFC-CSO.

719 F.Supp.2d 1229 (2010)

Earline COLE, as an individual and as personal representative of the Estate of Steven Bearcrane, Cletus Cole, as an individual and as personal representative of the Estate of Steven Bearcrane, Precious Bearcrane, minor child, Veronica Springfield, as an individual and as personal representative of the Estate of Robert Springfield, and Velma Springfield, minor child, Plaintiffs, v. FEDERAL BUREAU OF INVESTIGATIONS, Salt Lake City Field Office, United States Attorney's Office for South Dakota, Ernest Weyand, in his individual and official capacity, and Matthew Oravec, in his individual capacity, Defendants.

United States District Court, D. Montana, Billings Division.

June 17, 2010.

Attorney(s) appearing for the Case

N. Jean Bearcrane , Attorney at Law, Billings, MT, Patricia S. Bangert , Attorney at Law, Denver, CO, for Plaintiffs.

Shon Hastings , U.S. Attorneys Office, Fargo, ND, for Defendants.

ORDER ADOPTING FINDINGS AND RECOMMENDATIONS OF U.S. MAGISTRATE JUDGE ON MOTION TO DISMISS

RICHARD F. CEBULL, District Judge.

United States Magistrate Judge Carolyn Ostby has entered Findings and Recommendation (Doc. 53) on Defendants' Motion to Dismiss the Amended Complaint (Doc. 28). Magistrate Judge Ostby recommends that Counts I, II, VI and V be dismissed and, and Count III be dismissed except as to the claims of the Personal Representatives...

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