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GLASS v. CONTINENTAL ASSUR. CO.

No. 3-779A207.

415 N.E.2d 126 (1981)

Herbert W. GLASS, Appellant (Plaintiff below) v. CONTINENTAL ASSURANCE CO. AND LELAND SMITH INSURANCE AGENCY, Inc., Appellees (Defendants below).

Court of Appeals of Indiana, Third District.

Rehearing Denied March 4, 1981.

Attorney(s) appearing for the Case

Ralph R. Blume, Blume, Wyneken & Bullman, Fort Wayne, for appellant.

Stephen W. Adair, Adair, Perry, Beers, Mallers & Larmore, Fort Wayne, for appellee Leland Smith Insurance Agency, Inc.

HOFFMAN, Presiding Judge.

This is an appeal from a judgment in favor of Continental Assurance Company. The trial court found that the issues had been decided in a prior lawsuit and were therefore res judicata. Glass raises the following issues:

(1) whether the judgment is contrary to law in that res judicata is not a theory of action presented by the pleadings; (2) whether the trial court's findings and conclusions are nullities due to their failure...

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