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BARILLA v. CLAPSHAW

No. 45408.

237 N.W.2d 830 (1976)

Anthony T. BARILLA, Appellant, v. Kenneth CLAPSHAW, Respondent.

Supreme Court of Minnesota.

January 2, 1976.

Attorney(s) appearing for the Case

David W. Nord, Wozniak & Finley, and John T. Finley, St. Paul, for appellant.

Patrick F. Sullivan and Edward A. Towey, St. Paul, for respondent.

Heard before OTIS, PETERSON, and SCOTT, JJ., and considered and decided by the court en banc.

PETERSON, Justice.

Plaintiff sustained personal injuries in an automobile collision on July 6, 1972, allegedly caused by the negligence of defendant. His lawyer negotiated a settlement with defendant on April 24, 1973, in the amount of $3,250.1 As part of the settlement, plaintiff executed a release "fully and forever releas[ing] and discharg[ing]" defendant "from all claims for all damages...

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