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PACE v. COUTURE

Nos. 270A26-270A28.

276 N.E.2d 213 (1971)

Betty V. PACE, As Administratrix of the Estate of Velma Becker, Deceased, et al., Appellants, v. Peter COUTURE and Southern Express Company, Appellees.

Appellate Court of Indiana, Division No. 2.

Rehearing Denied January 6, 1972.

Attorney(s) appearing for the Case

George W. McCain, David N. Gilyan, Gary, William Fred Troutman, Hobart, for appellants.

Daniel F. Kelly, Hammond, Frederick H. Link, LaPorte, Patrick Brennan, South Bend, Tinkham, Beckman, Kelly & Singleton, Hammond, for appellees.

STATON, Judge.

This is an appeal from the granting of a summary judgment to the appellee-defendant, Southern Express Company. The Summary judgment was rendered in the LaPorte Circuit Court by the Honorable Alban M. Smith, Judge.

Peter Couture was the owner of a tractor which he leased to the Southern Express Company. The lease provided among other things that "During the period of this lease, said vehicle and driver shall be solely and exclusively under the...

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