GWYN v. LOON MOUNTAIN CORP.

No. 03-1047.

350 F.3d 212 (2003)

Eileen GWYN, on Her Own Behalf, and as Executrix of the Estate of Howard Gwyn, and Margaret Do, Plaintiffs, Appellants, v. LOON MOUNTAIN CORPORATION, d/b/a Loon Mountain Ski Area, Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided November 25, 2003.


Attorney(s) appearing for the Case

Kevin M. Leach with whom Nixon, Raiche, Manning, Casinghino & Leach, P.C. was on brief for appellants.

Thomas Quarles, Jr. with whom Margaret O'Brien, Matthew R. Johnson and Devine, Millimet & Branch, P.A. were on brief for appellee.

Before BOUDIN, Chief Judge, SILER, Senior Circuit Judge, and LYNCH, Circuit Judge.


BOUDIN, Chief Judge.

In this tragic case, two individuals were killed and a third badly injured in a skiing accident in New Hampshire. The details are set forth in two very able opinions by the district court. Thus, we confine ourselves to an abbreviated description focused on the two primary issues raised on this appeal: one is an important question of statutory construction and the other a narrower issue turning upon the pleadings.

Howard and Eileen Gwyn...

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