TAYLOR v. CHESAPEAKE AND OHIO RAILWAY COMPANY

No. 74-2190.

518 F.2d 536 (1975)

Donald M. TAYLOR, Appellant, v. The CHESAPEAKE AND OHIO RAILWAY COMPANY, a corporation, Appellee.

United States Court of Appeals, Fourth Circuit.

Decided June 27, 1975.


Attorney(s) appearing for the Case

C. Richard Grieser, Columbus, Ohio (Richards, Grieser & Schafer, Columbus, Ohio, and Sterl F. Shinaberry, Hostler, Logsdon, Shinaberry & McHugh, Charleston W. Va., on brief), for appellant.

Fred Adkins, Huntington, W. Va. (William C. Beatty, Huddleston, Bolen, Beatty, Porter & Copen, Huntington, W. Va., on brief), for appellee.

Before BUTZNER, RUSSELL and WIDENER, Circuit Judges.


DONALD RUSSELL, Circuit Judge:

This appeal is by a FELA complainant seeking reversal of a grant of summary judgment in favor of the defendant railroad by the District Court. The defendant, in its answer, had set up a number of defenses, including the execution of a release by the plaintiff. After the plaintiff had been examined on discovery, the defendant moved for summary judgment on the basis of the release which the plaintiff admittedly executed. It was the position...

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