U.S. Court of Appeals for the Third Circuit, 1959

Seymour Berman, Ralph Cohen and Hattie Robinson v. Stanley Plotkin, and Third-Party (Ralph Cohen, Third-Party Appellee)

Seymour Berman, Ralph Cohen and Hattie Robinson v. Stanley Plotkin, and Third-Party (Ralph Cohen, Third-Party Appellee)
U.S. Court of Appeals for the Third Circuit · Decided November 12, 1959 · Melaughlin, Kalodner, Hastie
271 F.2d 416 (Federal Reporter, Second Series)

Seymour Berman, Ralph Cohen and Hattie Robinson v. Stanley Plotkin, and Third-Party (Ralph Cohen, Third-Party Appellee)

Opinion

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.

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