DISCLAIMER:  The following unofficial case summaries are prepared by the clerk's office
                        as a courtesy to the reader. They are not part of the opinion of the court.

032187P.pdf   08/23/2004  Irene Cudworth  v.  Midcontinent
   U.S. Court of Appeals Case No:  03-2187
   District of North Dakota   
   Civil Case - personal injury. Snowmobile rider was rendered a 
   quadriplegic when he collided with rope barrier strung across property 
   owned by appellees. District court's grant of summary judgment to 
   landowner on the basis of North Dakota recreational use immunity statute 
   is affirmed. Immunity statute applied even though landowner placed rope 
   barrier and irrespective of entrant's status as invitee, licensee or 
   trespasser. Exception for willful or malicious action did not include 
   presumed malice. Nuisance claim also failed. [PUBLISHED] [Wollman, 
   Author, with Hansen and Colloton, Circuit Judges]