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RACHESKY v. FINKLEA

No. 9162.

329 F.2d 606 (1964)

Marie RACHESKY, Appellee, v. Gary Ithemar FINKLEA, Appellant.

United States Court of Appeals Fourth Circuit.

Decided March 13, 1964.

Attorney(s) appearing for the Case

W. Laurier O'Farrell, Florence, S. C., for appellant.

D. Kenneth Baker, Darlington, S. C. (James P. Mozingo, III, Darlington, S. C., on brief), for appellee.

Before HAYNSWORTH and BOREMAN, Circuit Judges, and FIELD, District Judge.

FIELD, District Judge:

This diversity action was filed in the District Court on May 2, 1962, to recover damages for injuries sustained in an automobile accident which occurred on January 26, 1961. The defendant filed his answer on May 12, 1962, and in addition to a general denial, alleged by way of affirmative defense that the plaintiff, Rachesky, for value received had executed a written release of all claims resulting from the subject accident. On July 26, 1962...

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