Aetna Insurance Company v. Labor

WUEST, Circuit Judge.

•The Black Hills Chair Lift Company, hereinafter referred to as “Black Hills”, operates a chair lift near Lead, South Dakota, which it used both winter and summer in connection with recreational activities. In addition to the chair lift, it operates mobile equipment such as ski-doos, tote-gotes, snow packers, caterpillar tractors, a snow plow, and other mobile equipment. Since 1962 Black Hills has continued to expand its recreational facilities and has had some type of construction underway each summer and fall except the year 1966. In 1967 the old chair lift was torn…