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HIGHSHEW v. KUSHTO

No. 18,691.

235 Ind. 505 (1956)

134 N.E.2d 555

HIGHSHEW v. KUSHTO

Supreme Court of Indiana.

Rehearing denied March 22, 1956.

Transfer denied May 29, 1956.

Petition to withdraw opinion denied June 13, 1956.

Attorney(s) appearing for the Case

George Stevens, of Plymouth, Milton A. Johnson, of South Bend, Stevens & Wampler (of counsel) of Plymouth and Hammerschmidt & Johnson (of counsel), of South Bend, for appellant.

John W. Montgomery, of South Bend, and Marshall F. Kizer, of Plymouth, for appellee.

ON PETITION TO TRANSFER1

ARTERBURN, J.

This comes to us on a petition to transfer from the Appellate Court. We have examined the petition and it is our opinion that the transfer should be denied. However, in the opinion of the Appellate Court is found the following language:

"The refusal of the court to give appellant's tendered instruction number 27 presents a question of first impression in Indiana. If given it would...

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