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HELVEY v. WABASH COUNTY REMC

No. 971A185.

278 N.E.2d 608 (1972)

Thomas HELVEY, Plaintiff-Appellant, v. WABASH COUNTY REMC, Defendant-Appellee.

Court of Appeals of Indiana, First District.

February 17, 1972.

Attorney(s) appearing for the Case

John Johnston, McCallen, Johnston & Mattern, Wabash, for plaintiff-appellant.

Alfred H. Plummer III, Plummer, Tiede, Magley & Metz, Wabash, for defendant-appellee.

ROBERTSON, Judge.

Appellant Helvey filed an action against appellee REMC, based upon a breach of implied and express warranties, for damages caused to certain 110 volt household appliances. The damage was a result of REMC furnishing electricity of 135 or more volts. REMC filed an answer in denial as well as the special defense that more than four years had accrued since the incident occurred. REMC then filed a motion for summary judgment, predicated upon the statute...

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