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THALMAN v. MONGOMERY WARD & CO.

Nos. 17,480 and 17,481.

120 Ind. App. 532 (1950)

94 N.E.2d 370

THALMAN ET AL. v. MONTGOMERY WARD & CO., INC. JOHNSON v. MONTGOMERY WARD & CO., INC.

Court of Appeals of Indiana.

Filed September 28, 1950.

Attorney(s) appearing for the Case

Barnes, Hickam, Pantzer & Boyd, of Indianapolis, and Don P. Strode, of Kokomo, for appellants.

McClure & Shenk, of Kokomo, and George L. Dickson, of Chicago, Illinois, for appellee.

ROYSE, C.J.

Because precisely the same question is presented in both of these cases, we have consolidated them. In each of these cases the appellants have filed their motion to dismiss the appeals herein and to tax the costs against appellee.

Their motion in each case is, in part, as follows:

"The remedy sought in this appeal was to obtain a judgment granting a new trial of the cause because of certain errors of law alleged to have been committed...

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