DECKARD v. MATHERS

No. 372A121.

284 N.E.2d 92 (1972)

Roy DECKARD, Defendant-Appellant, v. Frank C. MATHERS, Plaintiff-Appellee.

Court of Appeals of Indiana, First District.

Rehearing Denied August 4, 1972.


Attorney(s) appearing for the Case

Kenneth L. Nunn, Bloomington, for defendant-appellant.

William H. Andrews, Baker, Barnhart, Andrews, Baker & Mann, Bloomington, for plaintiff-appellee.


LOWDERMILK, Judge.

This appeal comes to us from a summary judgment granted in the trial court against defendant-appellant on his counterclaim in four Paragraphs in an action originally filed by plaintiff-appellee in ejectment for the recovery of the second floor, or apartment, in a building in Bloomington, Indiana.

Plaintiff-appellee did, on October 9, 1970, file a motion to strike, a motion to dismiss or in the alternative a motion for summary judgment on...

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