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ONUFER v. SEVEN SPRINGS FARM, INC.

No. 79-2642.

636 F.2d 46 (1980)

John ONUFER, Administrator of the Estate of John E. Onufer, Deceased, on behalf of the next of kin of John E. Onufer, Deceased and John Onufer, Administrator of the Estate of John E. Onufer, Deceased on behalf of the Estate of John E. Onufer, Deceased v. SEVEN SPRINGS FARM, INC., also known as Seven Springs Mountain Resort, a Corporation John Onufer, Administrator of the Estate of John E. Onufer, deceased, on behalf of the next of kin of and on behalf of the Estate of John E. Onufer, deceased, Appellant.

United States Court of Appeals, Third Circuit.

Decided December 10, 1980.

Attorney(s) appearing for the Case

Charles E. Evans, Sikov & Love, Pittsburgh, Pa., for appellant.

C. S. Fossee, Munovich, Reale & Fossee, Pittsburgh, Pa., for appellee.

Before ALDISERT and SLOVITER, Circuit Judges, and HANNUM, District Judge.

OPINION OF THE COURT

HANNUM, District Judge.

This is an appeal from a ruling by the district court in which a verdict was directed in favor of the appellee, Seven Springs Farm, Inc., [hereinafter "Seven Springs"]. The suit which was dismissed as a consequence of this ruling was instituted as a wrongful death and survival action in diversity under Pennsylvania law and arose from the passive drowning of the decedent, John E. Onufer. The cause of action accrued...

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