BURRUS v. AMERICAN CASUALTY COMPANY

No. 74-1222.

518 F.2d 1267 (1975)

Homer BURRUS, Plaintiff-Appellant, v. AMERICAN CASUALTY COMPANY et al., Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided July 18, 1975.


Attorney(s) appearing for the Case

Lowell E. Enslen and William T. Enslen, Hammond, Ind., for plaintiff-appellant.

John E. Hughes and Winfield L. Houran, Valparaiso, Ind., for defendants-appellees.

Before PELL and TONE, Circuit Judges, and PERRY, Senior District Judge.


PELL, Circuit Judge.

The plaintiff Homer Burrus brought this action for breach of a compromise agreement, which he alleges had been intended to settle a tort action. The district court granted summary judgment for the defendants on the ground that since, upon breach of the compromise agreement, Burrus had prosecuted the original tort action to a final judgment, he was precluded from now bringing a suit based on breach of the compromise agreement. The plaintiff appeals...

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