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NEEFF v. EMERY TRANSPORTATION COMPANY

No. 4, Docket 26097.

284 F.2d 432 (1960)

Margaret NEEFF, Plaintiff-Appellant, v. EMERY TRANSPORTATION COMPANY (an Ohio Corporation) and Midwest Transfer Company of Illinois (an Illinois Corporation), Defendant-Appellees.

United States Court of Appeals Second Circuit.

Decided December 6, 1960.

Attorney(s) appearing for the Case

Abraham Feuerstein, New York City (Di Costanzo & Klonsky, Brooklyn, N. Y., on the brief), for plaintiff-appellant.

Cusack, Shumate & Geoghan, New York City (William L. Shumate, New York City, on the brief), for defendants-appellees.

Before LUMBARD, Chief Judge, and TUTTLE and FRIENDLY, Circuit Judges.

TUTTLE, Circuit Judge.

This appeal complains of the summary dismissal of the plaintiff's personal injury suit on the ground that the pleadings did not include any allegation by the plaintiff that could be the basis of setting aside a release pleaded by the defendants. The appellant here strongly urges that the court erred in not permitting her to file an amendment attacking the release for fraud, overreaching or mutual mistake of fact, after the court had announced...

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