OPINION OF THE COURT
BIGGS, Circuit Judge.
Mannke, the plaintiff-appellant, had stopped his automobile when it was hit in the rear by a car belonging to Benjamin Moore & Company. Three days later, on September 23, 1963, Mason, an adjuster for Moore and Company's insurance company, Sun Insurance Company, contacted Mannke. On September 30, 1963, Mannke visited Mason at his office where the terms of a release were negotiated but no release was then signed...
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