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WALLACE v. SHADE TOBACCO GROWERS, ETC.

No. 80-1356.

642 F.2d 17 (1981)

George WALLACE, Administrator of the Estate of Daniel Tommy Wallace, Plaintiff, Appellant, v. SHADE TOBACCO GROWERS AGRICULTURAL ASSOCIATION, INC., et al., Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided March 4, 1981.

Attorney(s) appearing for the Case

Alan L. Cantor, Boston, Mass., with whom Fredric A. Swartz and Swartz & Swartz, Boston, Mass., were on brief, for plaintiff, appellant.

Andrew B. Goodspeed, Natick, Mass., for defendants, appellees.

Before ALDRICH, PELL and BOWNES, Circuit Judges.

PELL, Circuit Judge.

Plaintiff appeals to this court from the district court's grant of summary judgment to the defendants in plaintiff's action for the wrongful death and conscious pain suffered by plaintiff's son, Daniel Tommy Wallace.

The material facts are undisputed. Daniel Wallace drowned in a swimming pond located on the premises of Sunnyside Beach and Campground in Westfield, Massachusetts, which was operated by Henry Wilgus. At the time of his death...

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