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KEILING v. McINTIRE

No. 3-380A83.

408 N.E.2d 565 (1980)

Roger KEILING, Defendant-Appellant, v. Marilyn L. McIntire, Plaintiff-Appellee.

Court of Appeals of Indiana, Third District.

August 11, 1980.

Attorney(s) appearing for the Case

Andrew Plodowski, Plodowski & Sanford, South Bend, for defendant-appellant.

William J. Nye, Elkhart, for plaintiff-appellee.

HOFFMAN, Judge.

This is an appeal from a denial of a motion filed by defendant-appellant Roger Keiling under Ind.Rules of Procedure, Trial Rule 60(B)(1) to set aside a default judgment on the grounds that said judgment was entered through surprise. The relevant facts may be summarized as follows: On June 9, 1978 plaintiff-appellee Marilyn McIntire filed a complaint against Keiling to recover for personal injuries and property damage. It appears that summons and thereafter...

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