GOEHRING v. DIAMOND MILLING CO.

No. 71-1454.

461 F.2d 77 (1972)

Frances Isabell GOEHRING, Administratrix of the Estate of Oliver L. Goehring, Deceased, and Frances Isabell Goehring, v. DIAMOND MILLING CO., Inc., a corporation, Appellant, v. Frances Isabell GOEHRING, Administratrix of the Estate of Oliver L. Goehring, Deceased, Third-Party Defendant.

United States Court of Appeals, Third Circuit.

Decided May 26, 1972.


Attorney(s) appearing for the Case

William C. Walker, Dickie, McCamey & Chilcote, Pittsburgh, Pa., for appellant.

Morris M. Berger, Berger & Kapetan, Pittsburgh, Pa., for appellee, Frances Isabell Goehring, Adm'x and in her own right.

Ira G. Houck, Jr., Brueck, Walker & Brueck, Pittsburgh, Pa., for appellee, Frances Isabell Goehring, Adm'x of the Estate of Oliver L. Goehring.

Before ADAMS, MAX ROSENN and HUNTER, Circuit Judges.


OPINION OF THE COURT

ADAMS, Circuit Judge.

In this diversity negligence case, the pivotal question is whether a plaintiff in a post-trial proceeding may move to set aside a joint tortfeasors' release after having waited until all the evidence in the trial has been completed before first announcing an intention to attack the release.

On October 21, 1965, the automobile operated by Oliver L. Goehring, in which his wife, Frances, was a passenger, was...

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