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WELLMEYER, ADMX., ETC. v. CITY OF HUNTINGBURG.

No. 20,001.

139 Ind. App. 64 (1966)

213 N.E.2d 709

WELLMEYER, ADMINISTRATRIX OF THE ESTATE OF ELDO VICTOR WELLMEYER, ET AL. v. CITY OF HUNTINGBURG, INDIANA, ET AL.

Court of Appeals of Indiana.

Rehearing denied March 8, 1966.

Transfer denied May 5, 1966.

Attorney(s) appearing for the Case

Loren G. McGregor, of Princeton, Gerald G. Fuchs, Raymond P. Knoll, and Fuchs & Knoll, of Evansville, for appellants.

Bamberger, Foreman, Oswald & Hahn, of Evansville, and Norbert T. Schneider, of Huntingburg, for appellee, City of Huntingburg.

PRIME, J.

Appellants brought this action in two paragraphs against the City of Huntingburg and others for damages sustained as a result of the alleged wrongful death of one Eldo Victor Wellmeyer. Paragraph One sought recovery by reason of the appellees' negligence and Paragraph Two alleged a right to recover as the result of the breach of a contract by the appellee, City of Huntingburg, Indiana. Neither paragraph of said complaint alleged service of notice upon the...

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