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RUMFELT v. HIMES

No. 3-181A25.

427 N.E.2d 470 (1981)

Herman C. RUMFELT and Patricia C. Rumfelt, Husband and Wife, Plaintiffs-Appellants, v. Charles H. HIMES and Grace Himes, Husband and Wife; Himco Waste Away Service, Inc., a Corporation; Cld Corporation, a Corporation; Miles Laboratories, Inc., a Corporation; Elkhart General Hospital, Inc., a Not for Profit Corporation; Whitehall Laboratories, a Division of American Home Products Corporation, a Corporation; Josephine L. Cooper, Defendants-Appellees.

Court of Appeals of Indiana, Third District.

Rehearing Denied January 7, 1982.

Attorney(s) appearing for the Case

Daniel J. Harrigan, Bayliff, Harrigan, Cord & Maugans, P.C., Kokomo, Edward A. Zych, Matthews-Petsche & Associates, South Bend, for plaintiffs-appellants.

Geoffrey K. Church, Ronald C. Meteiver, Elkhart, for Charles H. Himes, Grace Himes and Himco Waste Away Service, Inc.

Roland Obenchain, Timothy W. Woods, South Bend, Richard W. Winchell, Elkhart, for Miles Laboratories, Inc.

Richard E. Steinbronn, Elkhart, for CLD Corporation, Elkhart General Hospital, and Josephine L. Cooper.

Mary E. Davis, Elkhart, David Kessler, New York City, for Whitehall Laboratories, a Division of American Home Products Corp.

GARRARD, Judge.

Herman C. Rumfelt and his wife, Patricia C. Rumfelt, appeal the trial court's dismissal, under Indiana Rules of Procedure, Trial Rule 41(E), of their complaint for failure "to comply with the rules of civil procedure and the court's orders thereunder." On appeal, they ask if the court erred in granting the defendants' joint motion to dismiss. We affirm.

A review of pertinent portions of the record indicates that the Rumfelts filed their complaint...

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