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LANGSTON v. ESTATE OF CUPPELS BY MILLER

No. 3-883 A 268.

471 N.E.2d 17 (1984)

Thomas LANGSTON, Appellant-Plaintiff, v. The ESTATE OF Jay S. CUPPELS [Sic] Deceased, BY James M. MILLER, Personal Representative, Appellee-Defendant.

Court of Appeals of Indiana, Third District.

Rehearing Denied October 10, 1985.

Attorney(s) appearing for the Case

Kenneth L. Sheetz, South Bend, for appellant-plaintiff.

Edward N. Kalamaros, Thomas Cohen, Edward N. Kalamaros & Associates, South Bend, for appellee-defendant.

STATON, Presiding Judge.

The day before the statute of limitations would have barred Langston's negligence action, he opened Cupples' Estate and filed his negligence action against the personal representative. Later, the trial court granted the personal representative's motion for summary judgment. Langston appeals to this Court contending that the trial court erred when it granted summary judgment because he had not opened Cupples' Estate within one year of Cupples...

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