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PARSLEY v. WAVERLY CONCRETE & GRAVEL CO.

No. 2-1280A428.

427 N.E.2d 1 (1981)

Randall PARSLEY, Appellant, (Plaintiff below), v. WAVERLY CONCRETE & GRAVEL CO., Nellie Fankboner, As Executrix of the Estate of Francis Lee Fankboner, and Nellie Fankboner, in Her Individual Capacity, Appellees (Defendants below).

Court of Appeals of Indiana, Second District.

October 20, 1981.

Attorney(s) appearing for the Case

George Clyde Gray, Indianapolis, for appellant (plaintiff below).

C. Mark Tompkins, Franklin, Joseph R. Woods, Indianapolis, for appellees (defendants below).

SHIELDS, Judge.

Appellant Randall Parsley appeals from the dismissal of his amended complaint for failure to state a claim. Ind.Rules of Trial Procedure, Trial Rule 12(B)(6).

We reverse.

On May 1, 1980, Parsley filed an amended complaint which alleged Nellie Fankboner as Executrix of the Estate of Francis Lee Fankboner and Nellie Fankboner in her individual capacity d/b/a Waverly Concrete & Gravel Company (hereinafter defendants) sold ready-mix...

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