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STEWART v. MARSON CONSTRUCTION CORP.

No. 30,196.

244 Ind. 134 (1963)

191 N.E.2d 320

STEWART v. MARSON CONSTRUCTION CORPORATION ET AL.

Supreme Court of Indiana.

Filed June 25, 1963.

Attorney(s) appearing for the Case

Cecil C. Tague, Sr., Roger H. Smith, both of Brookville and Livengood & Reinke, of Richmond, for appellant.

Harlan, Harlan, Schussler & Keller, and Russell H. Schussler, of Richmond, for appellees.

LANDIS, J.

Appellant has taken this appeal from an adverse judgment in an action in which appellant was seeking damages for personal injuries for appellees' alleged negligence growing out of an accident which occurred on November 2, 1956. The suit was filed at the trial court on November 1, 1958.

Appellees have filed motion to dismiss the appeal alleging that on January 12, 1963, the appellant died and that this was...

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