GELFAND v. TANNER MOTOR TOURS, LTD.

No. 5, Docket 71-1230.

450 F.2d 786 (1971)

Nettie GELFAND and Philip Gelfand, Plaintiffs, v. TANNER MOTOR TOURS, LTD. (a California Corporation), et al., Defendants. TANNER MOTOR TOURS, LTD. (a California Corporation), et al., Third-Party Plaintiffs-Appellants, v. The FLXIBLE COMPANY, Third-Party Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided October 29, 1971.


Attorney(s) appearing for the Case

Benjamin H. Siff, New York City (Bower, O'Connor & Gardner, Thomas R. Newman, New York City, of counsel), for defendants and third-party plaintiffs-appellants.

Richard Bakalor, Quirk & Bakalor, New York City, for third-party defendant-appellee.

Fuchsberg & Fuchsberg, New York City, for plaintiffs.

Before MOORE, SMITH and HAYS, Circuit Judges.


PER CURIAM:

Tanner Motor Tours, Ltd., Tanner Motor Tours of Nevada, Ltd., and Lucky Cab Company appeal from the granting of summary judgment by Judge Bruchhausen of the United States District Court for the Eastern District of New York in favor of the Flxible Company, third-party defendant appellee. We find no error and affirm the judgment.

The issue presented is the effect of a general release, executed by Tanner and unambiguous on its face, on Tanner's claim...

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