SPARKS v. RACK SERVICE COMPANY, INC.

No. 73-3197 Summary Calendar.

489 F.2d 480 (1974)

Lela SPARKS, as Administratrix of the Estate of Stella K. Sparks, Deceased, Plaintiff-Appellee, v. RACK SERVICE COMPANY, INC., Defendant, Rack Service Merchandisers, Inc., Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied March 25, 1974.


Attorney(s) appearing for the Case

William B. Moore, Jr., Montgomery, Ala., for defendant-appellant.

Charles H. Volz, Jr., Montgomery, Ala., M. Clay Alspaugh, Roscoe B. Hogan, Birmingham, Ala., for plaintiff-appellee.

Before BELL, GODBOLD and GEE, Circuit Judges.


PER CURIAM:

This is an appeal from a judgment for plaintiff-appellee entered on a jury verdict in a wrongful death diversity action. Appellant's principal defense was that a settlement agreement between its insurer and the plaintiff barred further recovery. Plaintiff's theory was that the settlement had been procured by fraud and misrepresentation, and thus should be set aside.

The evidence as to whether insurer's claims adjuster misrepresented Alabama law...

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