Document XRd73boLNdrb049pE0ZpqxE7G

FILE NAME: Norfolk & Southern - WC Case - Ancel Wheeler (NS) DATE: 1952 DOC#: NS0B5 DOCUMENT DESCRIPTION: Legal - Entry of Dismissal & Releases n THE UNITED STATE3 DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO WESTERS DIVISION ANCEL WHEELER, i Plaintiff, l va. i NORFOLK & WESTERN RAILWAY i CO,, a Corporation, J Defendant. i No. 27^0 ENTRY OF DISMISSAL | The above entitled cause having been.fully compromised and settled,the same may be dismissed with prejudice and with out record at the coat of the defendant herein. Docket fee la waived. i .lord RELEASE KNOW ALL HEN BY THESE PRESENTS! THAT, I, ANCEL WHEELER, of Scioto County, Ohio, for and in consideration of the aum of Twenty Thousand Dollars ($20,000.00), Nineteen Thousand and Ninety Dollars ($19,090.00) to me in hand paid by NORFOLK AND WESTERN RAILWAY COMPANY, a corporation under the laws of Virginia, the receipt whereof la hereby acknowledged, and Nine Hundred Ten Dollars ($910.00) paid by said NORFOLK AND WESTERN RAILWAY COMPANY to the Rail road Retirement Board in satisfaction of its lien against said settlement, do hereby release and forever discharge the Bald NORFOLK AND WESTERN RAILWAY COMPANY, together with its aucoessora I forever, from any and all elaim or olaims of any kind or nature, including wage claims which I now have or may hereafter have against the said NORFOLK AND WESTERN RAILWAY COMPANY, Including I all those olaims arising out of injuries and Illness claimed to have been sustained by me due to the breathing of air laden with asbestos dust while employed as a laborer by said NORFOLK AND WESTERN RAILWAY COMPANY at Portsmouth, Ohio. . I also agree to dismiss with prejudice an action pending in the United States District Court for the Southern District of Ohio, Western Division, entitled Anoel Wheeler vs. Norfolk and Western Railway Company, No.. 2740. IN WITNESS WHEREOF, I have hereunto set my hand at Cincinnati, Ohio, t h i s ____ day of April, 1952. Signed in the presence.qfi Ancel Wheeler ' RELEASE KNOW ALL MEN BY THESE PRESENTS THAT, I, AHCEL WHEELER, f Scioto County, Ohio, for and In consideration or the sum of Twenty Thousand Dollars (420,000.00), Nineteen Thousand and Ninety Dollars ($19,090.00) to me in hand paid by NOR?OLE AND WESTERN RAILWAY COMPANY, a corporation under the laws of Virginia, the receipt whereof is hereby acknowledged, and Nine Hundred Ten Dollars ($910.00) paid by said NORFOLK AND WESTERN RAILWAY COMPANY to the Rail road Retirement Board in satisfaction of its lien against said settlement, do hereby release and forever discharge the said NORFOLK AND WESTERN RAILWAY COMPANY, together with its successors forever, from any and all claim or claims of any kind or nature, including wage claims which I now have or may hereafter have agalnat the said NORFOLK AND WESTERN RAILWAY COMPANY, including all those claims arising out of injuries and Illness claimed to have been auatalned by me due to the breathing of air laden with asbestos dust while employed as a laborer by said NORFOLK AND WESTERN RAILWAY COMPANY at Portsmouth, Ohio. I also agree to dismiss with prejudice an action pending in the United States District Court for the Southern District of Ohio, Western Division, entitled Anoel Wheeler vs. Norfolk and Western Railway Company, No. 27^0, IN WITNESS WHEREOF, I have hereunto set my hand at .Cincinnati, Ohio., this _____ day April* 1952. Signed in the presence oft Ancei vJheeier Cincinnati, Ohio April , 1932 TQ: . Norfolk and Western Railway Company Roanoke, Virginia Under the terms of the settlement this day made by ms of my claim and cause of action against Norfolk and Western Railway Company arising out of injuries received by me on or about January 9, 1951# and prior thereto while employed by said Company at Portsmouth, Scioto County, Ohio, as a laborer, no part or portion of the sum this day paid in settlement and mentioned in the Release exe cuted by me is or shall be apportioned to time lost- from employment Ancel Wheeler Cincinnati Ohio April 1952 Norfolk and Western Railway Company Roanoke Virginia Gentlemem I hereby resign from the employ of the Norfolk and Western Railway Company effective the above date and I agree that the said Norfolk and Western Railway Company is under no obligation to take or retain me in employment in any capacity. ; `Your3 very truly, Ancel Wheeler April 15, 1952 - Amount advanced to pay, settle, satisfy, and discharge full all claims in re An > Wheeler v. EorTolk and W e b e r n Railway Co. an actlox* for physical disability suffered by the plaintiff, a laborer who alleged ly contracted asbestosis in the course of his work in the shops at Portsmouth^, Ohio, since June 6, 19H Settlement. ,$2GrOOO.OO Less amount pa'id Treasurer- of trie United IN 1 States representing sickness benefits re ceived under Railroad Unemployment Insurance Act....................................... 910.00 $19, 090.00 NINETEEN THOUSAND NINETY DOLLARS AND MO CENTS