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DOI v. HUBER

No. 468A70.

144 Ind. App. 451 (1969)

247 N.E.2d 103

DOI AND PIERONI v. HUBER, ADMX. ESTATE OF HUBER.

Court of Appeals of Indiana.

Rehearing denied June 6, 1969.

Transfer denied August 20, 1969.

Attorney(s) appearing for the Case

Arthur A. May, Crumpacker, May, Levy & Searer, of South Bend, and Floyd W. Burns, Cadick, Burns, Duck & Neighbours, of Indianapolis, for appellants.

Richard D. Bonewitz, Hammerschmidt, Bonewitz, Rowe & Roberts, of South Bend, for appellee.

SHARP, J.

This is an action for wrongful death brought by the Appellee-Plaintiff, Erdene A. Huber as Administratrix of the Estate of her deceased husband who was killed on the 9th day of June, 1965, near the intersection of U.S. Highway 20 or McKinley Highway east of the city of Mishawaka, Indiana. The essential allegations of Appellee's amended complaint are:

"3. That on the 9th day of June, 1965 the plaintiff's decedent was driving a motor vehicle in a...

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