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STEPHENSON v. FRAZIER

No. 2-677A252.

425 N.E.2d 73 (1981)

Clovis STEPHENSON and Mabel Stephenson, Appellants, v. Bill FRAZIER, d/b/a Bill Frazier Mobile Homes and Vindale Corporation, Appellees.

Supreme Court of Indiana.

August 17, 1981.

Attorney(s) appearing for the Case

Raymond A. Brassart, Lennington, Lennington & Brassart, Muncie, for appellants.

William David Neal, Dunnuck, Rankin, Wyrick & Neal, Muncie, for appellees.

ON PETITION TO TRANSFER

PRENTICE, Justice.

The case involves the standard of review for a motion made pursuant to Trial Rule 41(B):

"After the plaintiff or party with the burden of proof upon an issue, in an action tried by the court without a jury, has completed the presentation of his evidence thereon, the opposing party, without waiving his right to offer evidence in the event the motion is not granted, may move for a dismissal on the ground...

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