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AETNA INSURANCE COMPANY v. LABOR

No. 10760.

179 N.W.2d 271 (1970)

AETNA INSURANCE COMPANY, a corporation, Plaintiff and Appellant, v. Robert LABOR and Black Hills Chair Lift Company, a corporation, Defendants and Respondents.

Supreme Court of South Dakota.

September 1, 1970.

Attorney(s) appearing for the Case

Costello, Porter, Hill, Banks & Nelson, Rapid City, for plaintiff and appellant Aetna Insurance Co.

Kellar, Kellar & Driscoll, Lead, for defendant-respondent Black Hills Chair Lift Co.

Bangs, McCullen, Butler, Foye & Simmons and James N. Clapp, Rapid City, for defendant-respondent Robert Labor.

WUEST, Circuit Judge.

The Black Hills Chair Lift Company, hereinafter referred to as "Black Hills", operates a chair lift near Lead, South Dakota, which it used both winter and summer in connection with recreational activities. In addition to the chair lift, it operates mobile equipment such as ski-doos, totegotes, snow packers, caterpillar tractors, a snow plow, and other mobile equipment. Since 1962 Black Hills has continued...

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