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O'TELL v. NEW YORK, NEW HAVEN AND HARTFORD R. CO.

No. 379, Docket 24026.

236 F.2d 472 (1956)

Irene F. O'TELL, Administratrix of the Estate of John O'Tell, Deceased, Plaintiff-Appellant, v. NEW YORK, NEW HAVEN AND HARTFORD RAILROAD COMPANY, Defendant-Appellee.

United States Court of Appeals Second Circuit.

Decided September 5, 1956.

Attorney(s) appearing for the Case

Dennis N. Garvey, New Haven, Conn., Caplan & Garvey, New Haven, Conn. (Richard A. Dice, New Haven, Conn., on the brief), for plaintiff-appellant.

Thomas P. Hackett, New Haven, Conn. (Edwin H. Hall, New Haven, Conn., of counsel), for defendant-appellee.

Before CLARK, Chief Judge, and FRANK and HINCKS, Circuit Judges.

HINCKS, Circuit Judge.

The facts relevant to this appeal are not in dispute. They are as follows. The plaintiff, as administratrix brought an action under Federal Employers' Liability Act, 45 U.S.C.A. §§ 51-60, against the defendant railroad company, for injuries to and for the death of her son, an employee of the railroad. The defendant in its answer pleaded a release as a bar to the action, claiming that it had paid the plaintiff $2500 in full satisfaction...

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