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MONTAGNA v. HOLIDAY INNS, INC.

Record No. 781358.

269 S.E.2d 838 (1980)

Charles S. MONTAGNA, Administrator, etc. v. HOLIDAY INNS, INC. et al.

Supreme Court of Virginia.

August 28, 1980.

Attorney(s) appearing for the Case

Calvin W. Breit, John H. Klein, Norfolk (Breit, Rutter & Montagna, Norfolk, on brief), for appellant.

John L. Deal, S. Lawrence Dumville, Norfolk (Harvey E. White, Jr., Edward L. Breeden, III, Norfolk, White, Reynolds, Smith & Winters, Breeden, Howard & MacMillan, Norfolk, on brief), for appellees.

Before I'ANSON, C. J., and CARRICO, HARRISON, COCHRAN, POFF, COMPTON and THOMPSON, JJ.

COMPTON, Justice.

In this damage suit seeking recovery for wrongful death, we consider whether the trial court, ruling that a binding compromise and settlement had been effected, correctly sustained a plea of release.

In August of 1977, appellant Charles S. Montagna, Administrator of the Estate of Roger J. Lewis, deceased, the plaintiff below, sued appellees Holiday Inns, Inc. and Norfolk Mid-Town Vacation, Incorporated, defendants below, for the alleged wrongful...

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