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RUSH v. CARTER

No. 1-1283A373.

468 N.E.2d 236 (1984)

David RUSH, Appellant (Plaintiff below), v. Mary Helen CARTER, et al., Appellees (Defendants below), v. M.F. Renner, Appellee (Third-Party Defendant below).

Court of Appeals of Indiana, First District.

Rehearing Denied October 11, 1984.

Transfer Denied November 30, 1984.

Attorney(s) appearing for the Case

John C. Ruckelshaus, Walter F. Lockhart, Ruckelshaus, Roland & O'Connor, Indianapolis, for appellant.

Linley E. Pearson, Atty. Gen., Daniel F. Kelly, Deputy Atty. Gen., Indianapolis, for appellees.

ROBERTSON, Judge.

The plaintiff-appellant, Rush, appeals from an adverse ruling on a motion for summary judgment.

By agreement and stipulation of the parties the cause was submitted on an agreed statement of facts by way of cross motions for summary judgment tendered by Rush and the defendant-appellees, Mary Helen Carter, et al. (Carter).1

Rush was a duly appointed, qualified and acting Montgomery County Police Officer...

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