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Berman v. Plotkin

UNITED STATES COURT OF APPEALS THIRD CIRCUIT.


decided: November 12, 1959.

SEYMOUR BERMAN, RALPH COHEN AND HATTIE ROBINSON, PLAINTIFFS,
v.
STANLEY PLOTKIN, DEFENDANT AND THIRD-PARTY PLAINTIFF, APPELLANT (RALPH COHEN, THIRD-PARTY DEFENDANT, APPELLEE).

Before McLAUGHLIN, KALODNER and HASTIE, Circuit Judges.

Per Curiam.

We agree with Judge Clary, 172 F.Supp. 214, in the district court that by the terms of the general release executed by the defendant and third-party plaintiff (no question of fraud, accident or mistake involved) to the third-party defendant, he effectively relinquished his right to claim contribution from the third-party defendant for injuries sustained by third-parties in the same accident. Killian v. Catanese, 1954, 375 Pa. 593, 101 A.2d 379.

Affirmed.

19591112

© 1998 VersusLaw Inc.



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