Donald M. Taylor v. The Chesapeake and Ohio Railway Company, a Corporation

DONALD RUSSELL, Circuit Judge:

This appeal is by a FELA complainant seeking reversal of a grant of summary judgment in favor of the defendant railroad by the District Court. The defendant, in its answer, had set up a number of defenses, including the execution of a release by the plaintiff. After the plaintiff had been examined on discovery, the defendant moved for summary judgment on the basis of the release which the plaintiff admittedly executed. It was the position of the plaintiff that the release was void for mutual mistake. Concluding that there was no genuine issue of fact with…