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PELO v. FRANKLIN COLLEGE OF INDIANA

No. 43S03-9903-CV-167.

715 N.E.2d 365 (1999)

Mark J. PELO and Kathleen A. Pelo, Appellants (Plaintiffs below), v. FRANKLIN COLLEGE OF INDIANA, Appellee (Defendant below).

Supreme Court of Indiana.

August 13, 1999.

Attorney(s) appearing for the Case

Michael L. Valentine, William S. Fawley, Warsaw, Indiana, Attorneys for Appellants.

Tom F. Hirschauer, Logansport, Indiana, Attorney for Appellee.

ON PETITION TO TRANSFER

BOEHM, Justice.

This case deals with ability of a plaintiff who releases one tortfeasor to pursue others who are potentially liable for the same injury. We hold today, as we did in Huffman v. Monroe County Community Sch. Corp., 588 N.E.2d 1264 (Ind.1992), that a release agreement is to be construed as a contract. Accordingly, if the parties to the agreement intended to release only one of...

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