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DWYER v. McCLEAN

No. 19,178.

243 Ind. 108 (1962)

183 N.E.2d 204

DWYER v. McCLEAN.

Supreme Court of Indiana.

Filed June 13, 1962.

Attorney(s) appearing for the Case

Dale & Dale and Francis C. Dale, Jr., of Indianapolis, for appellant.

John T. Davis, of Indianapolis, Seth S. Ward, of Syracuse, and Scifres & Hollingsworth, of Lebanon, for appellee.

CONCURRING OPINION ON DENIAL OF TRANSFER.

LANDIS, J.

I concur with my brothers of the Supreme Court in the denial of transfer of this case1 from the Appellate Court but desire to point out that the Supreme Court by today denying transfer from the Appellate Court is approving the Appellate Court's change in the rule in malicious prosecution cases from that announced in the previous Appellate Court case of Bangert v.

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