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CHARLIE STUART OLDSMOBILE, INC. v. SMITH

No. 2-1274A289.

369 N.E.2d 947 (1977)

CHARLIE STUART OLDSMOBILE, INC., Appellant (Defendant below), v. Willis R. SMITH, Appellee (Plaintiff below), and General Motors Corporation, Appellee (Defendant below).

Court of Appeals of Indiana, Second District.

November 30, 1977.

Attorney(s) appearing for the Case

James W. Stilwell, Stilwell, Hackemeyer & Life, Indianapolis, for appellant.

Donald M. Ream, Jr., Indianapolis, for appellee.

BUCHANAN, Judge.

ON PETITION FOR REHEARING

The Petition for Rehearing of Charlie Stuart Oldsmobile, Inc. (Charlie Stuart) challenges our decision in Charlie Stuart Oldsmobile, Inc. v. Smith (1976), Ind. App., 357 N.E.2d 247, on the ground that the evidence of damage to Smith's car was conflicting and therefore we erred in holding the judgment of Five Thousand ($5,000.00) Dollars was severable.

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