SCHULZENDORF v. PITTS. & LAKE ERIE R. CO.


340 Pa.Super. 230 (1985)

489 A.2d 927

Gary E. SCHULZENDORF v. The PITTSBURGH & LAKE ERIE RAILROAD COMPANY, Appellant.

Supreme Court of Pennsylvania.

Filed March 15, 1985.


Attorney(s) appearing for the Case

Paul L. Hammer, Pittsburgh, for appellant.

Richard A. Porach, Pittsburgh, for appellee.

Before CIRILLO, TAMILIA and MONTGOMERY, JJ.


TAMILIA, Judge:

The appeal before us is a lineal descendant of a suit filed by appellant in federal district court under the Federal Employer's Liability Act (FELA), 45 U.S.C.A. § 51, et seq. The case was settled in 1982 and thereafter appellant instituted a second action in the Court of Common Pleas of Allegheny County alleging that the settlement amount had been based on fraudulent representations by appellee as to the existence of a lien against proceeds....

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