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BOLAND v. GREER

No. 3-479A109.

422 N.E.2d 1236 (1981)

Robert BOLAND, Administrator of the Estate of Lee Boland, Deceased, and Robert Boland, Appellant (Plaintiff below), v. Earl F. GREER, Appellee (Defendant below).

Supreme Court of Indiana.

July 13, 1981.

Attorney(s) appearing for the Case

Frank J. Galvin, Jr., Galvin & Galvin, Hammond, for appellant (plaintiff below).

James J. Nagy, Paul A. Rake, Eichhorn, Eichhorn & Link, Hammond, for appellee (defendant below).

John P. McQuillan, Samuel J. Bernardi, Jr., Robin D. Pierce, Spangler, Jennings, Spangler & Dougherty, P.C., Merrillville, for amicus curiae, Indiana Defense Lawyers Ass'n, Inc.

Jeffrey A. Cooke, Cooke & Bache, Lafayette, for amicus curiae, Indiana Trial Lawyers Ass'n.

[1]Petition to Transfer Denied [For opinion of Court of Appeals see 409 N.E.2d 1116]

ON PETITION TO TRANSFER

HUNTER, Justice, dissenting to denial of transfer.

I must respectfully dissent from this Court's refusal to grant Boland's petition to transfer. In so acting, we perpetuate here today a wholly anomalous rule of law which, but for its roots in stare decisis, has no legal or factual basis. That rule...

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