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McALLISTER v. BUTLER

No. 20,256.

139 Ind. App. 613 (1966)

220 N.E.2d 540

McALLISTER v. BUTLER, ADMINISTRATRIX.

Court of Appeals of Indiana.

Rehearing denied December 1, 1966.

Attorney(s) appearing for the Case

James T. Hooper, of Lawrenceburg, and Robert C. Riddell and Locke, Reynolds, Boyd & Weissel, both of Indianapolis, for appellants.

Harry A. Wilson, Jr., and Howard J. DeTrude, Jr., both of Indianapolis, for appellee. Armstrong, Gause, Hudson & Kightlinger, of Indianapolis, of counsel, for appellee.

PRIME, J.

The appellee-plaintiff, Jack Butler, in the original action below, is deceased and this court, by order, authorized the substitution of Sammie Joan Butler, Administratrix of the Estate of Jack Butler, deceased as party-appellee.

The motion by appellee to dismiss or affirm having been held in abeyance and the court being properly advised, now denies said motion and petition to dismiss or affirm.

To proceed to the merits we find the following...

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