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GAYHEART v. NEWNAM FOUNDRY CO., INC.

No. 879S231.

393 N.E.2d 163 (1979)

Taylor GAYHEART, Appellant, v. NEWNAM FOUNDRY COMPANY, Inc., Jon McCreery, American Mutual Liability Insurance Company, Appellees.

Supreme Court of Indiana.

August 27, 1979.

Attorney(s) appearing for the Case

Edgar A. Grimm, Grimm & Grimm, Auburn, for appellant.

Carl J. Suedhoff, Jr., Hunt, Suedhoff, Borror, Eilbacher & Lee, Thomas M. Moorhead, Shoaff, Keegan, Baird & Simon, Fort Wayne, for appellee Newnam Foundry Co., Inc.

Arthur A. May, Crumpacker, May, Searer, Oberfell & Helling, South Bend, for appellee American Mut. Liability Ins. Co.

Thomas M. Moorhead, Shoaff, Keegan, Baird & Simon, Fort Wayne, Daniel F. Diggins, Emerick & Diggins, Kendallville, for appellee Jon McCreery; Frank L. Nikolay, Nikolay, Jensen & Scott, Colby, Wis., of counsel.

ON PETITION TO TRANSFER

GIVAN, Chief Justice.

The record shows the following facts: On June 28, 1965, appellant Taylor Gayheart, an employee of Newnam Foundry Company, Inc., was injured in an industrial accident. For approximately two and one-half months thereafter, he received temporary total disability benefits under the workmen's compensation act. During this period of time, he was forced to undergo surgery...

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