“He expressed profusely there was no malicious intent,” Coursey said. Together they went to speak to the band director, Milt Barney. Coursey immediately sought out the Peters athletic director, who he said was equally upset. Woodland Hills Athletic Director Ron Coursey said as he arrived at his team’s sideline just after the start of the game, he was notified about the two costumes by coaches and cheerleaders. The incident is now being investigated by Peters Superintendent Jeannine French. Some perceived the suits as the modern-day equivalent of blackface. We perceive two sources of Pennsylvania law which inform and support our analysis.When the Peters Township marching band took the field Friday night for a pregame performance before a high school playoff football game against Woodland Hills, two drum majors marched at the front wearing a full-body black spandex suit. As this case is governed by Pennsylvania law, we look to that forum's pronouncements for guidance. Such a definition cannot be compromised by the passage of time, and leads us inexorably to the conclusion that the earth movement exclusion at issue here does not apply to damage caused by mine subsidence. See Keystone Bituminous Coal Association v. Mine subsidence is the lowering of the strata overlying a coal mine, including the land surface, caused by the extraction of underground coal. 2 While these matters are properly before us because they were considered by the district court, the issue of when the mining ceased is irrelevant. The School District, in its motion for reconsideration, and again on appeal, has attempted to create an issue of fact concerning the cessation or continuation of mining activity underneath the schools. We cannot accept, however, the district court's view that as a matter of law the cessation of mining activity fifty years previous to the damage rendered the subsidence a natural, spontaneous event.
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