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GORE v. TRI-COUNTY RACEWAY, INC.

Civ. A. No. 74-31-E.

407 F.Supp. 489 (1974)

Patricia H. GORE, who sues as Administratrix of the Estate of Charles Albert Gore, Deceased, Plaintiff, v. TRI-COUNTY RACEWAY, INC., Defendant.

United States District Court, M. D. Alabama, E. D.

October 8, 1974.

Attorney(s) appearing for the Case

Charles E. Floyd, Phenix City, Ala., J. Walter Owens, Owens, Littlejohn, Gower & Pugh, Columbus, Ga., for plaintiff.

Hatcher, Stubbs, Land, Hollis & Rothschild, Howell Hollis, Columbus, Ga., for defendant.

JUDGMENT

VARNER, District Judge.

This cause is now submitted upon the Defendant's motion for leave to amend its defensive pleadings filed herein July 5, 1974. The amendment and the defense therein were treated by the Court as a motion for summary judgment by its order of July 17, 1974. The defense offered in the motion is that Charles Albert Gore executed a release in favor of Tri-County Raceway, Inc., which bars any right of action the Plaintiff might otherwise...

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