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FISHER v. DRISKELL

No. 18,944.

129 Ind. App. 29 (1958)

143 N.E.2d 114

FISHER v. DRISKELL.

Court of Appeals of Indiana.

Rehearing on Motion to Dismiss denied August 5, 1957.

Opinion on the Merits filed October 31, 1958.

Attorney(s) appearing for the Case

Arthur Griffith and Griffith, Bates & Hancock, of Evansville, for appellant.

Ortmeyer, Bamberger, Ortmeyer & Foreman, of Evansville, for appellee.

ON MOTION TO DISMISS

(DISSENTING OPINION)

ROYSE. J.

I feel it my duty to dissent from the order of this court denying appellee's motion to dismiss this appeal because appellee did not receive a copy of appellant's brief on the day it was filed with the Clerk of this Court.

The records shows that appellant obtained an extension of time to file his brief to November 26, 1956. He filed the brief on November 23, 1956 and served a copy to appellee...

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