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STATE EX REL. MURRAY v. ESTATE OF HEITHECKER

No. 1-375A55.

333 N.E.2d 308 (1975)

STATE of Indiana On the Relation of the Mental Health Commissioner, William Ellsworth Murray, M.D., Appellant, v. The ESTATE OF Vera E. HEITHECKER, Deceased, Appellee.

Court of Appeals of Indiana, First District.

September 5, 1975.

Attorney(s) appearing for the Case

Theo. L. Sendak, Atty. Gen., Wesley T. Wilson, Deputy Atty. Gen., Indianapolis, for appellant.

Norman L. Lowery, Rosenfeld, Wolfe, Frey & Lowery, Terre Haute, for appellee.

ON THE APPELLEE'S MOTION TO DISMISS OR AFFIRM JUDGMENT

PER CURIAM:

This cause is pending before the Court on the motion of the appellee to Dismiss or Affirm Judgment, the principal allegation of which is that there is a fatal defect in the Motion to Correct errors by omitting to name the personal representative of the deceased as a party appellee. In support of this contention appellee cites two cases, both of which were decided before the effective date...

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