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BIGGS v. MARSH

No. 3-981A237.

446 N.E.2d 977 (1983)

Steven P. BIGGS and Barbara L. Biggs, Plaintiffs-Appellants, v. Arlo A. MARSH, Jr., Nancy L. Marsh, Roth, Wehrly, Heiny, Inc., Tammy Lamle, Nancy McNeely and Graber Realty, Inc., Defendants-Appellees.

Court of Appeals of Indiana, Third District.

Rehearing Denied May 23, 1983.

Attorney(s) appearing for the Case

Mark S. Pantello, Sowers & Benson, Fort Wayne, for plaintiffs-appellants.

Craig R. Finlayson, Higgins, Swift & Finlayson, Fort Wayne, for appellee Graber Realty, Inc.

Thomas M. Gallmeyer, F.L. Dennis Logan, Rothberg, Gallmeyer, Fruechtenicht & Logan, Fort Wayne, for appellee Arlo A. Marsh, Jr.

William L. Sweet, Jr., Barrett, Barrett & McNagny, Fort Wayne, for appellee Roth, Wehrly, Heiny, Inc.

GARRARD, Judge.

This lawsuit arose out of the efforts of Steven and Barbara Biggs (the plaintiffs) to purchase a residence owned by Arlo Marsh, Jr. and Nancy Marsh, husband and wife (the owners) as tenants by the entireties.

In search for a house in 1977 the plaintiffs contacted Tammy Lamle, a sales representative of Roth, Wehrly, Heiny, Inc., realtors. (Unless the context requires otherwise, we hereafter refer...

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