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MOORE v. WAITT

No. 1-1272A117.

298 N.E.2d 456 (1973)

Earl L. MOORE, Plaintiff-Appellant, v. Kyle WAITT, Defendants-Appellees.

Court of Appeals of Indiana, First District.

July 12, 1973.

Attorney(s) appearing for the Case

Patrick J. Bennett, Indianapolis, C. Thomas Cone, Greenfield, for plaintiff-appellant.

William E. Shields, Sheridan, George J. Lewis, Greenfield, for defendants-appellees.

LOWDERMILK, Judge.

This action was begun by the filing of a complaint by plaintiff-appellant against defendant-appellee Kyle Waitt, founded in fraud and accounting and in fraud against appellees Warren Waitt, Terry Milligan, and Richard Overdorf. At trial the complaint was amended to conform to the evidence, pursuant to Rule TR. 15, IC 1971, 34-5-1-1, with counts of fraud, conversion, and equitable accounting against appellees Kyle Waitt, Warren Waitt, and Terry Milligan...

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