Legal Opinion

Cowden v. Bear Country, Inc.

District Court, D. South Dakota

Decided October 25, 1974No. Civ. 74-5002PublishedCited by 1 opinion

1Opinion of the Court

MEMORANDUM OPINION

BOGUE, District Judge.

The above matter has come before this Court pursuant to plaintiff’s motion for summary judgment and defendant’s motion to dismiss the complaint for failure to state a claim upon which relief can be granted. A hearing was held by this Court on both motions on September 3, 1974.

The facts of this case are with certain important exceptions not in dispute. The plaintiff, Jason Cowden, was born August 14, 1971, and is now three years old. The plaintiff and his mother, Judy Cowden, are citizens of the state of Minnesota. On July 10, 1973, the plaintiff and his…

2Cases cited10 opinions

  1. Erie Railroad v. TompkinsSupreme Court of the United States · 1938
  2. De Berg v. KriensSouth Dakota Supreme Court · 1967
  3. Nicholas v. Tri-State Fair & Sales AssociationSouth Dakota Supreme Court · 1967
  4. Parker v. CushmanCourt of Appeals for the Eighth Circuit · 1912
  5. Anderson v. AndersonSouth Dakota Supreme Court · 1918

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3Cited by1 opinion

  1. Sears v. McKeeSouth Dakota Supreme Court · 1980

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