HARLD M. ERVIN, ADMINISTRATOR OF THE ESTATE OF ALICE ZIEGLER, DECEASED, PLAINTIFF-APPELLANT
v.
CHESAPEAKE AND OHIO RAILROAD COMPANY, DEFENDANT-APPELLEE

6th Cir. | 1961-01-27
No. Motion No. 14340
287 F.2d 561 United States Court of Appeals for the Sixth Circuit (1961)

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Synopsis

The court is considering a motion for summary judgment on the issue of whether the defendant-executor is estopped from asserting the non-claim statute as a defense.


Holding

The court is evaluating whether the facts presented establish an estoppel as a matter of law, precluding the defendant-executor from asserting the non-claim statute.


Facts & Procedural History

The plaintiff's cause of action was met with a defense based on the non-claim statute, asserting failure to file a claim in the deceased's estate. The…

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Opinion of the Court

Now comes Rene J. Ortlieb, one of the attorneys for Plaintiff-Appellant in the above entitled cause, and says unto this Court that the above matter has been settled and compromised and therefore moves this Court to dismiss the said cause now pending before this Court.

Motion having been filed by Rene J. Ortlieb, one of the attorneys for the plaintiff-appellant, it appearing that the said cause has been settled and compromised,

On Motion of Rene J. Ortlieb, it is ordered that the above cause be and the same is hereby dismissed with prejudice.


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