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SANDERS v. KERWIN

No. 2-780A220.

413 N.E.2d 668 (1980)

Walter Lee SANDERS, Defendant-Appellant, v. Courtney M. KERWIN, Plaintiff-Appellee.

Court of Appeals of Indiana, First District.

December 18, 1980.

Attorney(s) appearing for the Case

Shelley Levine, Kokomo, for defendant-appellant.

RATLIFF, Judge.

STATEMENT OF THE CASE

Walter Lee Sanders appeals from the denial of his motion to set aside default judgment and supplemental motion for the same purpose. We reverse and remand.

STATEMENT OF FACTS

On October 5, 1979, Courtney Kerwin filed a notice of claim in the small claims docket of the Howard County Court claiming $475.00 on account.1 The notice of claim was duly served upon Sanders by

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