PHILLIPS, Chief Judge.
This is an appeal from a judgment for plaintiff in a diversity tort action. We affirm.
Only a brief statement of the procedural facts is required. Erika Olund filed this action against Russell Swarthout in December, 1964. Swarthout answered in May, 1965, denying the material allegations of the complaint. Some three years later, following the pretrial conference, Swarthout amended the answer to interpose the affirmative defense of release...
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