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PARRETT v. LEBAMOFF

No. 3-178A18.

383 N.E.2d 1107 (1979)

Barbara PARRETT, As Administratrix of the Estate of Jerry L. Parrett, Plaintiff-Appellant, v. Boris LEBAMOFF and Peter G. Atzeff, d/b/a Green Frog Inn, Defendants-Appellees.

Court of Appeals of Indiana, Third District.

January 8, 1979.

Attorney(s) appearing for the Case

Ronald Frybarger, Fort Wayne, for plaintiff-appellant.

Barrett Barrett & McNagny, Wm. F. McNagny, John F. Lyons, Fort Wayne, for defendants-appellees.

GARRARD, Presiding Judge.

This case arises on a motion to dismiss the appeal. In the trial court plaintiff filed a complaint to recover for wrongful death. The defendants attacked the claim with a motion, and the court made the following entry,

"Motion filed in this cause should be treated as a motion for dismissal under Trial Rule 12(B)(6), and as such, the Court finds Complaint does not state a cause of action upon which relief could be granted and, therefore...

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