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DAVIS v. McELHINEY

No. 1-379A83.

396 N.E.2d 140 (1979)

Earle G. DAVIS, Mike Ellsworth, Louis McWhorter, Individually and As Representatives of Plaintiffs below, Plaintiffs-Appellants, and Arthur H. Northrup, Appellant, v. Elwood McElhiney, Francis Sallier, and Dean DeWitt, Objectors-Appellees, and Indiana National Corporation and Tfac, Inc., Defendants-Appellees.

Court of Appeals of Indiana, First District.

October 23, 1979.

Attorney(s) appearing for the Case

Arthur H. Northrup, Indianapolis, William Wolf, Wolf, Robak & Murphy, Greenfield, for plaintiffs-appellants.

Richard D. Wagner, Krieg, DeVault, Alexander & Capehart, Richard L. Johnson, Johnson & Gross, Indianapolis, for Indiana National Corp. and TFAC, Inc.

LOWDERMILK, Presiding Judge.

ON PETITION FOR REHEARING

Earle G. Davis, Mike Ellsworth, Louis McWhorter, and Arthur H. Northrup (claimants) have included in their petition for rehearing certain allegations to which we now respond.

Claimants assert that this court failed to consider questions concerning the trial court's exclusion of evidence.

First, allegations of error omitted from the motion to correct errors are not available for argument...

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