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THOMPSON v. ABBETT

No. 1-672A9.

290 N.E.2d 468 (1972)

Walter F. THOMPSON, Defendant-Appellant, v. E. Thompson ABBETT, d/b/a E.T. Abbett & Associates, Plaintiff-Appellee.

Court of Appeals of Indiana, First District.

Rehearing Denied January 29, 1973.

Attorney(s) appearing for the Case

Alan H. Lobley, Ice, Miller, Donadio & Ryan, Indianapolis, for defendant-appellant.

David B. Hughes, Hughes & Hughes, Indianapolis, for plaintiff-appellee.

ROBERTSON, Presiding Judge.

This is the second appeal in the same case. The prior opinion remanded the case for new trial. See Abbett v. Thompson (1970), Ind. App., 263 N.E.2d 733. Upon remand the plaintiff-appellee (Abbett) filed a motion for a summary judgment which was granted. The sole alleged error claimed by the defendant-appellant is "whether the mandate of the Appellate Court directing the granting of the plaintiff's motion...

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