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WILLIAM S. DECKELBAUM CO. v. EQUITABLE LIFE

No. 1-880A213.

419 N.E.2d 228 (1981)

WILLIAM S. DECKELBAUM COMPANY, Plaintiff-Appellant, v. The EQUITABLE LIFE Assurance Society of the United States, and Mutual Hospital Insurance, Inc., d/b/a Blue Cross of Indiana, Defendants-Appellees.

Court of Appeals of Indiana, First District.

Opinion on Modification April 29, 1981.

Rehearing Denied June 1, 1981.

Attorney(s) appearing for the Case

Seymour M. Bagal, Charles E. Barker, Indianapolis, Lineback & Lewis, Greenfield, for plaintiff-appellant.

Charles M. Wells, Edward O. DeLaney and Stephen W. Lee, Barnes, Hickam, Pantzer & Boyde, Indianapolis, C. Thomas Cone, Williams, Cone & Billings, Greenfield, for defendants-appellees.

Opinion on Modification April 29, 1981. See 422 N.E.2d 301.

RATLIFF, Judge.

STATEMENT OF CASE

The William S. Deckelbaum Company (Deckelbaum) appeals from the trial court's judgment dismissing its complaint for failure to state a claim upon which relief could be granted. We affirm.

FACTS

Taking as true all allegations in Deckelbaum's complaint and resolving all inferences therefrom in its favor...

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