Margaret Neeff v. Emery Transportation Company (An Ohio Corporation) and Midwest Transfer Company of Illinois (An Illinois Corporation)

TUTTLE, Circuit Judge.

This appeal complains of the summary dismissal of the plaintiff’s personal injury suit on the ground that the pleadings did not include any allegation by the plaintiff that could be the basis of setting aside a release pleaded by the defendants. The appellant here strongly urges that the court erred in not permitting her to file an amendment attacking the release for fraud, overreaching or mutual mistake of fact, after the court had announced its opinion that the suit should be dismissed but before an order of dismissal was actually entered.

The plaintiff’s pleadings…