Heston v. Chicago and North Western Railway Co.

MEMORANDUM ORDER

PERRY, District Judge.

This case involves a railroad brakeman injured on the job who, with his attorney, entered into an oral settlement of his cause of action at a pretrial conference and then refused to execute the releases.

Defendant has moved for a summary judgment on the ground that the matter was compromised and settled in full at a pretrial conference. Plaintiff contends the settlement is a nullity for reasons hereinafter set forth. The court has read and considered defendant’s motion for summary judgment with brief in support, plaintiff’s answer and memoranda and…