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NICHOLS v. AMAX COAL CO.

No. 1-1084A250.

482 N.E.2d 776 (1985)

Sandra NICHOLS, Plaintiff-Appellant, v. AMAX COAL COMPANY AND AMAX, Inc., Jointly and Severally, Defendants-Appellees.

Court of Appeals of Indiana, First District.

September 18, 1985.

Attorney(s) appearing for the Case

Catherine A. Behrens, Noffsinger & Deig, Evansville, for plaintiff-appellant.

R. Steven Johnson, Sacopulos, Crawford & Johnson, Terre Haute, for defendants-appellees.

OPINION DISSENTING TO DENIAL OF REHEARING

RATLIFF, Presiding Judge.

In our original opinion, 481 N.E.2d 1103, we stated that fraud and concealment must be specifically pleaded. At 1105. We further held that because Nichols failed to plead fraudulent concealment by Amax that the statute of limitations was not tolled. At 1105.

Our holding appears to me to be directly contrary to our prior holding in Adams v. Luros...

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