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McCARTY v. SHEETS

No. 3-877A209.

423 N.E.2d 297 (1981)

Russell McCarty, Appellant (Plaintiff below), v. Carl A. SHEETS and Anna L. Sheets, Appellees (Defendants below).

Supreme Court of Indiana.

July 8, 1981.

Attorney(s) appearing for the Case

Marshall F. Kizer, Kizer, Neu, Joyce, Hite & Wyland, Plymouth, for appellant.

Frederick E. Rakestraw, Brown, Brown & Rakestraw, Rochester, for appellees.

ON PETITION TO TRANSFER

PRENTICE, Justice.

This cause is before us upon the petition of Plaintiff (Appellant) Russell McCarty, to transfer it from the Court of Appeals, Third District, that Court having affirmed the judgment of the trial court by decision and opinion reported at 391 N.E.2d 834.

Transfer is hereby granted pursuant to Ind.R.App.P. 11(B)(2)(a) in that the Court of Appeals' decision contravenes a ruling...

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