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MORTIBOYS v. ST. MICHAEL'S COLLEGE

No. 627, Docket 72-2341.

478 F.2d 196 (1973)

Brian J. MORTIBOYS, Plaintiff-Appellee. v. ST. MICHAEL'S COLLEGE, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided May 11, 1973.

Attorney(s) appearing for the Case

Frederick W. Allen, Burlington, Vt. (Karen McAndrew and Wick, Dinse & Allen, Burlington, Vt., on the brief), for defendant-appellant.

Philip H. Hoff, Burlington, Vt. (James L. Morse, Burlington, Vt., on the brief), for plaintiff-appellee.

Before FRIENDLY, Chief Judge, LUMBARD, Circuit Judge, and THOMSEN, District Judge.

THOMSEN, District Judge.

Defendant college appeals from a judgment for plaintiff in an action for damages based on injuries he received in a skating accident in February 1968. St. Michael's College was then a small liberal arts college for men, in Colchester, Vermont. Plaintiff was there on a full athletic scholarship for the purpose of playing basketball.

The college had no organized hockey program, but provided two outdoor ice rinks on which students could...

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