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KAPLAN v. EXXON CORP.

Nos. 96-1495, 96-1519.

126 F.3d 221 (1997)

Aaron KAPLAN; Judith Kaplan v. EXXON CORPORATION v. JAMES J. ANDERSON CONSTRUCTION CO., INC.; James D. Morrissey, Inc., Third Party Defendants, Judith Kaplan and Aaron Kaplan, Appellants at No. 96-1495, Exxon Corporation, Appellant at No. 96-1519.

United States Court of Appeals, Third Circuit.

Decided September 25, 1997.

As Amended October 27, 1997.

Sur Petition for Rehearing October 27, 1997.

Attorney(s) appearing for the Case

Richard J. Heleniak, Cutler, Clemm & Morris, Plymouth Meeting, PA, for Appellants/Cross-Appellees, Aaron Kaplan and Judith Kaplan.

Richard E. Stabinski, Phillips & Phelan, Philadelphia, PA, for Appellee/Cross-Appellant, Exxon Corporation.

Joseph E. Mayk, Duane, Morris & Heckscher, Wayne, PA, for Appellee, James J. Anderson Construction Co., Inc.

Mary K. Schwemmer, White & Williams, Philadelphia, PA, for Appellee, James D. Morrissey, Inc.

Before BECKER and SCIRICA, Circuit Judges and SCHWARZER, District Judge.

Submitted Pursuant to Third Circuit LAR 34.1(a) June 2, 1997.

OPINION OF THE COURT

SCIRICA, Circuit Judge.

In this slip and fall case alleging negligence for failing to clear snow and ice from a sidewalk, the district court granted summary judgment to defendants, holding plaintiff assumed the risk of injury. Plaintiff appeals. We will reverse and remand.

I.

On March 13, 1993, Philadelphia...

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