Mangini v. United States

319 F.3d 1079 Elaine R. MANGINI, Plaintiff-Appellee, v. UNITED STATES of America, Department of the Interior, National Park Service, Defendant, and Dick Gottsegen, dba Timberline Adventures, aka Timberline Bicycle Tours, Defendant-Appellant. No. 01-35273. United States Court of Appeals, Ninth Circuit. Argued and Submitted November 4, 2002. Filed January 9, 2003. Amended February 10, 2003. Sue Ann Love, Jardine, Stephenson, Blewett & Weaver, P.C., Great Falls, MT, for the defendant-appellant. Francis X. Clinch, Jardine, Stephenson, Blewett & Weaver, P.C., Great Falls, MT, for the defendant-appellant. Joseph P. Cosgrove, Hoyt & Blewett, Great Falls, MT, for the plaintiff-appellee. Appeal from the United States District Court for the District of Montana; Donald W. Molloy, Chief District Judge, Presiding. D.C. No. CV-99-00061-DWM. Before: TROTT, NELSON and THOMAS, Circuit Judges. ORDER 1 The Opinion filed January 9, 2003, is amended as follows: 2 At Slip Opinion page 227, line 33: delete footnote 2, and replace with a new footnote 2 stating, "Because of the additional evidence that has come to light, we need not consider whether we would reach a different result were we…