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HART ET AL. v. SPECTRUM ARENA, INC. ET AL.

No. 9 Tr. Dkt. 1974.

15 Pa.Commw. 584 (1974)

Eugene (Cyclone) Hart and Samuel Solomon, Plaintiffs, v. Spectrum Arena, Inc., Pennsylvania Athletic Commission and Zack Clayton, Defendants, and Nate Lopinson, Earl Vann and Commonwealth of Pennsylvania, Additional Defendants.

Commonwealth Court of Pennsylvania.

December 5, 1974.

Attorney(s) appearing for the Case

Harris T. Bock, with him Alan Schwartz and Mendel & Schwartz, P.C., for plaintiffs.

Lowell A. Reed, Jr., with him David L. Steck and Rawle & Henderson, for Spectrum Arena, Inc.

Lawrence Barth, Assistant Attorney General, with him Glenn Gilman, Assistant Attorney General, Michael Von Moschzisker, Deputy Attorney General, and Israel Packel, Attorney General, for Pennsylvania Athletic Commission and Commonwealth of Pennsylvania.

Edwin L. Scherlis, with him Frank and Margolis, for Zack Clayton, Nate Lopinson and Earl Vann.

Argued October 7, 1974, before President Judge BOWMAN and Judges CRUMLISH, JR., WILKINSON, JR., MENCER, ROGERS and BLATT. Judge KRAMER did not participate.

OPINION BY PRESIDENT JUDGE BOWMAN, December 5, 1974:

Eugene (Cyclone) Hart, a professional boxer, was seriously injured during a boxing contest orchestrated under the auspices of the Pennsylvania State Athletic Commission. Hart and Samuel Solomon, Hart's manager, filed a complaint in trespass in the Court of Common Pleas of Philadelphia County alleging that the defendants — Spectrum Arena, Inc., Pennsylvania Athletic Commission and Zack Clayton, the referee...

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