TOMLIN v. POPE & TALBOT, INC.

No. 16664.

282 F.2d 447 (1960)

Sam TOMLIN, Appellant, v. POPE & TALBOT, INC., Appellee.

United States Court of Appeals Ninth Circuit.

Rehearing Denied September 15, 1960.


Attorney(s) appearing for the Case

Baily, Lezak, Swink & Gates, Sidney I. Lezak, Don G. Swink, Portland, Or., for appellant.

Mautz, Souther, Spaulding, Kinsey & Williamson, Portland, Or., for appellee.

Before BARNES, HAMLEY and MERRILL, Circuit Judges.


HAMLEY, Circuit Judge.

This is an action to recover damages for personal injuries. Jurisdiction in the district court rests upon diversity of citizenship. The defense was that the claim was barred by virtue of the execution of a release subsequent to the injury. Plaintiff asserted that the execution of the release is invalid because it was induced by false representations on the part of defendant's agent. The issue of the validity of the release was set down for trial...

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