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SMITH v. SEVEN SPRINGS FARM, INC.

No. 82-5691.

716 F.2d 1002 (1983)

Peter SMITH, Appellant, v. SEVEN SPRINGS FARM, INC., t/d/b/a Seven Springs Ski Resort.

United States Court of Appeals, Third Circuit.

Decided September 12, 1983.

Attorney(s) appearing for the Case

Allen L. Rothenberg, Marc Weinberg (argued), Ezra Wohlgelernter, Philadelphia, Pa., for appellant.

Gerard J. Cipriani (argued), Murovich, Reale, Fossee & Ferry, P.C., Pittsburgh, Pa., for appellee.

Before ALDISERT and WEIS, Circuit Judges, and RE, Chief Judge.

OPINION OF THE COURT

ALDISERT, Circuit Judge.

This diversity case, governed by Pennsylvania law, asks us to interpret the Pennsylvania Skier's Responsibility Act, 42 Pa.Cons.Stat.Ann. § 7102 (Purdon Supp.1982), to decide whether appellant Peter Smith assumed the risk of skiing injuries sustained at Seven Springs Ski Resort so as to discharge the resort from its duty of care and preclude a finding that it was negligent. The district court found that...

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