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MILLNER v. NORFOLK & W. R. CO.

No. 80-1444.

643 F.2d 1005 (1981)

Frederick L. MILLNER, Appellant, v. NORFOLK & WESTERN RAILWAY COMPANY, a corporation, Appellee.

United States Court of Appeals, Fourth Circuit.

Decided March 4, 1981.

Attorney(s) appearing for the Case

Stephen P. Meyer, Paul S. Perfater, Meyer and Perfater, Charleston, W. Va., on brief, for appellant.

Fred O. Blue, Sanders and Blue, Bluefield, W. Va., on brief, for appellee.

Before BRYAN, Senior Circuit Judge, and HALL and PHILLIPS, Circuit Judges.

JAMES DICKSON PHILLIPS, Circuit Judge:

In this FELA action by Frederick L. Millner against his employer, the Norfolk & Western Railway Co. (N&W), the N&W pleaded in bar of the action a negotiated settlement of the claim under which Millner had released the N&W from liability. Following an evidentiary hearing devoted to this issue, the district court upheld the settlement as valid and binding upon Millner and dismissed the action with prejudice. Millner...

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