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AUSTIN v. THRAPP

No. 3-1081A251.

444 N.E.2d 867 (1983)

Donald AUSTIN, Appellant (Defendant below), v. John C. THRAPP, et al., Appellee (Plaintiff below).

Court of Appeals of Indiana, Third District.

January 25, 1983.

Attorney(s) appearing for the Case

Robert E. Kabisch, Hunt, Suedhoff, Borror & Eilbacher, Fort Wayne, for appellant.

Mark S. Pantello, Ronald L. Sowers, Sowers & Benson, Fort Wayne, for appellee.

ON PETITION FOR REHEARING

STATON, Judge.

A jury found against Donald Austin in a wrongful death action. His appeal of the award is found in our opinion Thrapp v. Austin (1982), Ind. App., 436 N.E.2d 1170. In that opinion we noted that Austin had failed to preserve any alleged error regarding the trial court's final instructions because he had not complied with Ind.Rules of Procedure, Appellate Rule 8.3(A)(7). Austin...

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