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WARE v. WATERMAN

No. 1168A194.

146 Ind. App. 237 (1969)

253 N.E.2d 708

WARE v. WATERMAN, SPECIAL ADMR.

Court of Appeals of Indiana.

Filed December 31, 1969.

Attorney(s) appearing for the Case

Dalton C. McAlister, Adair, Perry, Beers, McAlister & Mallers, of counsel, of Fort Wayne, for appellant.

Hunt, Suedhoff & Wilks, of Fort Wayne, for appellee.

SULLIVAN, J.

Appellant-plaintiff appeals here from a summary judgment entered below in favor of the appellee-defendant. Said judgment was as follows:

"Court having taken matter under advisement now sustains Defendant's Motion for Summary Judgment. It is therefore ordered and adjudged that the Plaintiff take nothing by his complaint. Costs taxed to the plaintiff."

Appellant assigns as error that:

"1. The Court erred in sustaining Appellee...

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