RUMFELT v. HIMES

No. 3-181 A 25.

438 N.E.2d 980 (1982)

Herman C. RUMFELT and Patricia C. Rumfelt, Husband and Wife, 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, Appellees.

Supreme Court of Indiana.

August 23, 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 appellants.

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

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

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

Mary E. Davis, David Kessler, Elkhart, for appellee Whitehall Laboratories, a Div. of American Home Products Corp.


CIVIL PETITION TO TRANSFER

GIVAN, Chief Justice.

This is an appeal from a dismissal of appellants' cause of action with prejudice pursuant to Indiana Rules of Trial Procedure, Rule 41(E). The Court of Appeals affirmed the trial court's dismissal of the cause in its published opinion, Rumfelt v. Himes (1981) Ind. App., 427 N.E.2d 470, Judge Staton dissenting. We hereby grant appellants' petition to transfer, vacate...

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