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EQUITABLE LIFE v. FRANK, ADMR.

No. 1269A256.

147 Ind. App. 335 (1970)

259 N.E.2d 706

THE EQUITABLE LIFE ASSURANCE SOCIETY v. FRANK, ADMINISTRATOR

Court of Appeals of Indiana.

Rehearing denied August 11, 1970.

Transfer denied November 16, 1970.

Attorney(s) appearing for the Case

Gustav H. Dongus, Dongus, Ging, Stein & Cregor, of Indianapolis, Lacey, Angel and Good, of counsel, of Kokomo, for appellant.

Edward S. Mahoney, O'Mahoney, Mahoney & Simmons, of Kokomo, R. Stanley Lawton, G. Daniel Kelley, Jr., Ice Miller Donadio & Ryan, of Indianapolis, for appellee.

PER CURIAM.

This matter is before us on the Appellee's Motion to Dismiss or Affirm and Request For Damages. Said Motion alleges as cause therefor, inter alia, as follows:

"1. This cause was submitted to the trial court as an `agreed case' wherein a motion for a new trial was not proper and the time for appeal ran from the date of judgment. Appellant failed to file the Transcript and Assignment of Errors...

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