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TINDALL v. ENDERLE

No. 3-1173A143.

320 N.E.2d 764 (1974)

Stanley A. TINDALL and Thomas L. Ryan, Administrator of the Estate of Robert H. Slusher, Deceased, Appellants, v. Sylvester ENDERLE and Falls Tap, Inc., an Indiana Corporation, Appellees.

Court of Appeals of Indiana, Third District.

December 19, 1974.

Attorney(s) appearing for the Case

Thomas L. Ryan, Daniel A. Roby, Fort Wayne, for appellants.

William F. McNagny, Fort Wayne, Phil M. McNagny, Jr., Columbia City, for appellees.

STATON, Judge.

Stanley A. Tindall and Robert H. Slusher were shot at the Falls Tap Tavern by Sylvester Enderle, an employee and majority stockholder of the tavern corporation, Falls Tap, Inc. Slusher died from his gunshot wounds. His administrator, Thomas L. Ryan, and Stanley A. Tindall brought separate actions for wrongful death and negligence against Enderle and Falls Tap, Inc. which were later consolidated.

In the pre-trial order, Enderle and Falls Tap...

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