District Court, D. Utah April 29, 1997, 2:94-CV-0527-S (Gadd by and Through Gadd v. United States)

I.

INTRODUCTION

SAM, District Judge.

The court has before it the United States’s motion to dismiss and its alternative motion for summary judgment, as well as the motion for summary judgment of defendants State of Utah and The Utah Department of Wildlife Resources.

Briefly, the facts are as follows.