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SIEBERT OXIDERMO, INC. v. SHIELDS

No. 3-580A137.

430 N.E.2d 401 (1982)

SIEBERT OXIDERMO, INC., Defendant-Appellant, v. Hershell David SHIELDS, Plaintiff-Appellee.

Court of Appeals of Indiana, Third District.

January 18, 1982.

Attorney(s) appearing for the Case

John R. Berger, Angola, David B. Keller, Paul D. Mathias, Parker, Hoover, Keller & Waterman, Fort Wayne, for defendant-appellant.

Grant Van Horne, Van Horne & Van Horne, Auburn, for plaintiff-appellee.

OPINION ON REHEARING

GARRARD, Judge.

The appellee, Shields, brought suit against Siebert Oxidermo, Inc. (the manufacturer) for personal injuries which allegedly resulted from Shield's exposure to the fumes given off from a paint manufactured by Siebert Oxidermo, Inc.

Summons was duly served. When the manufacturer failed to appear by the return date Shields moved for and secured a default. Upon Shields' request the court proceeded to hear evidence...

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