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McCUBBENS v. O'BANION

No. 3-675A113.

361 N.E.2d 191 (1977)

Thomas K. McCubbens and James L. Kemp, Defendants-Appellants, v. Betty O'BANION, Plaintiff-Appellee.

Court of Appeals of Indiana, Third District.

April 4, 1977.

Attorney(s) appearing for the Case

Milton A. Johnson, Edward V. Minczeski, South Bend, for defendants-appellants.

Morris Rosen, David T. Ready, South Bend, for plaintiff-appellee.

HOFFMAN, Judge.

Thomas K. McCubbens and James L. Kemp appeal from the trial court's entry denying their motion for summary judgment on a claim for personal injuries and property damage. The question they raise on appeal concerns whether the dismissal of a similar prior claim for want of prosecution pursuant to former Supreme Court Rule 1-4C1 acts as a bar to the cause of action herein.

The original complaint filed October 18, 1968...

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