SHERATON CORP. OF AMERICA v. KORTE PAPER CO.

No. 3-276A27.

363 N.E.2d 1263 (1977)

SHERATON CORPORATION OF AMERICA, Defendant-Appellant, v. KORTE PAPER COMPANY, Inc., Plaintiff-Appellee.

Court of Appeals of Indiana, Third District.

June 23, 1977.


Attorney(s) appearing for the Case

Edward L. Murphy, Jr., Fort Wayne, for defendant-appellant; Livingston, Dildine, Haynie & Yoder, Fort Wayne, of counsel.

John M. Whitmore, Jr., Nieter, Dixon & Whitmore, Fort Wayne, for plaintiff-appellee.


GARRARD, Judge.

This appeal presents the question of whether a party (Korte) who loses at trial and permits the judgment against it to become final can utilize the provisions of Indiana Rules of Procedure, Trial Rule 60 to be relieved from judgment solely because a subsequent decision of an appellate court in an unrelated case declared the law to be contrary to that applied by the trial court in the party's case. We hold that in the absence of additional pertinent...

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