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MILLS v. AMERICAN PLAYGROUND DEVICE CO.

No. 2-1278A425.

427 N.E.2d 1130 (1981)

James MILLS, Barbara Mills & Dennis Mills, Appellants (Plaintiff below) v. AMERICAN PLAYGROUND DEVICE CO. & City of Gas City, Appellees (Defendants below)

Court of Appeals of Indiana, Second District.

November 16, 1981.

Attorney(s) appearing for the Case

Wade R. Bosley, James N. Clevenger, Fishburne, Bosley & Schatz, Marion, for appellants.

Herbert A. Spitzer, Jr., Phillip E. Stephenson, Browne, Torrance, Spitzer, Herriman & Browne, Marion, for appellees.

ON PETITION FOR REHEARING

SHIELDS, Judge.

This action comes before us on the Petition for Rehearing of the unsuccessful appellee, City of Gas City (City) in Mills v. American Playground Device Co. and City of Gas City, Ind., (1980) Ind. App., 405 N.E.2d 621. City claims error in:

1. Our application of the standard of review appropriate to a motion to dismiss rather than the standard of review on a motion...

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