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EBERBACH v. McNABNEY

No. 2-979A292.

421 N.E.2d 651 (1981)

Hans Juergen EBERBACH, Renate Eberbach, Appellants (Plaintiffs below), v. Ronald L. McNabney, Special Administrator of the Estate of Hanson W. Castor, Deceased, Appellee (Defendant below).

Court of Appeals of Indiana, Second District.

Transfer Denied October 6, 1981.

Attorney(s) appearing for the Case

James E. Freeman, Jr., Sansberry, Dickmann, Dickmann & Freeman, Anderson, for appellants.

Daniel J. Harrigan and Edgar Bayliff, Bayliff, Harrigan, Cord & Maugans, P.C., Kokomo, Horace C. Holmes, Holmes & Quigley, Tipton, for appellee.

SHIELDS, Judge.

ON PETITION FOR REHEARING

Appellee McNabney petitions for rehearing of an appeal decided adversely to him in a published decision at 413 N.E.2d 958.

McNabney argues this court erred in reversing the summary judgment granted by the trial court because Eberbach (appellant) failed to present the trial court with any evidence that would make satisfaction of the requirements for relation back set forth...

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