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DAN PURVIS DRUGS, INC. v. AETNA LIFE INS.

No. 3-879 A 239.

412 N.E.2d 129 (1980)

DAN PURVIS DRUGS, INC., Appellant (Plaintiff below), v. AETNA LIFE INSURANCE CO., Appellee (Defendant below).

Court of Appeals of Indiana, Third District.

Rehearing Denied January 22, 1981.

Attorney(s) appearing for the Case

John J. Wernet, Grotrian & Boxberger, Fort Wayne, for appellant.

John M. Clifton, Jr., Robert S. Walters, James P. Fenton, Barrett, Barrett & McNagny, Fort Wayne, for appellee.

HOFFMAN, Judge.

Appellant Dan Purvis Drugs, Inc. appeals from the granting of appellee Aetna Life Insurance Company's motion to dismiss. Purvis argues that its complaint was sufficient to state a claim upon which relief can be granted and that the court had subject matter jurisdiction over the dispute.

The standard of review for this Court is well settled. In order to sustain a motion to dismiss for failure to state a claim it must be concluded that on no...

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