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GIBSON v. MIAMI VALLEY MILK PRODUCERS, INC.

No. 2-1172A112.

299 N.E.2d 631 (1973)

Don GIBSON, Appellant (Plaintiff below), v. MIAMI VALLEY MILK PRODUCERS, INC., et al., Appellees (Defendants below).

Court of Appeals of Indiana, Third District.

Rehearing Denied September 13, 1973.

Attorney(s) appearing for the Case

John T. Lorenz, John E. Konowitz, Indianapolis, for appellant; Kightlinger Young, Gray & De Trude, Indianapolis, of counsel.

Curtis S. Travis, Indianapolis, for defendants-appellees, Miami Valley Milk Producers, Inc., Harold Wright, Joe Sollars, Howard Linn and Miami Valley Milk Producers Assn.; Royse, Travis, Hendrickson & Pantzer, Indianapolis, of counsel.

Theodore R. Boehm, Rory O'Bryan, Indianapolis, for defendant-appellee, The Kroger Co.; Baker & Daniels, Indianapolis, of counsel.

SHARP, Judge.

On February 28, 1968 the Plaintiff-Appellant, Don Gibson, filed a complaint in four legal paragraphs in the Superior Court of Marion County, Room 3, in which the Miami Valley Milk Producers, Inc., The Kroger Company, Harold Wright, Joe Sollars and Howard Linn were designated as party defendants. In each paragraph the following allegation was made:

"2. The Defendant, Miami Valley Milk Producers, Inc. (hereinafter referred to as `Miami') is a...

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