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AURESTO v. PennDER ET AL.

No. 1747 C.D. 1984.

88 Pa.Commw. 476 (1985)

Anthony Auresto, Appellant v. Commonwealth of Pennsylvania, Department of Environmental Resources and John H. Bitzer and Fred Hesse, Appellees.

Commonwealth Court of Pennsylvania.

April 3, 1985.

Attorney(s) appearing for the Case

Edward R. Eidelman, Stamberg & Caplan, for appellant.

Victor P. Stabile, with him, Peter J. Kramer, Deputy Attorney General, and LeRoy S. Zimmerman, Attorney General, for appellees.

Argued January 30, 1985, before President Judge CRUMLISH, JR., and Judges ROGERS, CRAIG, MacPHAIL, DOYLE, COLINS and PALLADINO.

OPINION BY PRESIDENT JUDGE CRUMLISH, JR., April 3, 1985:

Anthony Auresto appeals a Pike County Common Pleas Court order granting the Department of Environmental Resources (DER) and John Bitzer's1 preliminary objections in the nature of a demurrer.2 We reverse and remand.

Auresto was injured, while riding his snowmobile on a frozen pond, when...

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