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CITY OF ELKHART v. MIDDLETON

No. 1176S369.

356 N.E.2d 207 (1976)

CITY OF ELKHART, Petitioner-Appellant, v. Walter F. MIDDLETON, II, Administrator of the Estate of Walter F. Middleton, Respondent-Appellee, Wright Construction Corporation, Respondent-Appellee, Dorr-Oliver, Incorporated, Respondent-Appellee, and American Casualty Company of Reading, Pennsylvania, Respondent-Appellee.

Supreme Court of Indiana.

November 1, 1976.

Attorney(s) appearing for the Case

John J. Lorber, Crumpacker, May, Searer, Oberfell & Helling, South Bend, Worth N. Yoder, Edward C. Stuart, City Atty., Elkhart, for petitioner-appellant.

Don G. Blackmond and Robert M. Edwards, Jr., John E. Doran, Doran, Manion, Boynton & Kamm, Alexander Lysohir, Lysohir & Singer, South Bend, for respondents-appellees.

PRENTICE, Justice.

This matter is before us upon the defendant's (appellant's) petition to transfer the cause from the Court of Appeals, Third District, which affirmed the order of the trial court. The opinion of the Court of Appeals appears at 346 N.E.2d 274.

This is an interlocutory appeal under Appellate Rule 4(B)(5) which results from the denial of defendant's (petitioner's) motion to implead a third party under Trial...

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