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CROWE v. BEN DEE, INCORPORATED

No. 870A138.

271 N.E.2d 509 (1971)

Ruby Charlene CROWE, Administratrix of the Estate of Kenneth E. Crowe, Deceased, Plaintiff-Appellant, v. BEN DEE, INCORPORATED, Formerly Known As Debolt Construction Company, Inc., Defendant-Appellee.

Appellate Court of Indiana, Division No. 1.

July 27, 1971.

Attorney(s) appearing for the Case

Philip H. Willkie, Hart E. Meyer, Rushville, for plaintiff-appellant.

James V. Donadio, G. Daniel Kelley, Jr., Indianapolis, for defendant-appellee; Ice, Miller, Donadio & Ryan, Indianapolis, Harlan, Harlan, Schussler & Keller, Richmond, of counsel.

SULLIVAN, Presiding Justice.

Plaintiff-Appellant, as administratrix of the estate of her deceased husband, filed suit against his employer seeking damages for the death of the husband. The uncontroverted facts are that plaintiff's decedent sustained his fatal injury while in the course and scope of his employment. The trial court sustained defendant's Motion for Summary Judgment upon the premise that the Workmen's Compensation Act provides the exclusive remedy for...

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