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LAMBERT v. YELLOWBIRD, INC.

No. 4-885A220.

498 N.E.2d 80 (1986)

William C. LAMBERT and Lambert Enterprises, Inc., Appellants (Defendants below), v. YELLOWBIRD, INC., Appellee (Plaintiff below).

Court of Appeals of Indiana, Fourth District.

Transfer Denied January 21, 1987.

Attorney(s) appearing for the Case

Raymond L. Faust, Baker, Orbison, Bales & Knowles, Carmel, for appellants.

Richard L. Gilliom, Michael K. Irwin, Donn H. Wray, Stewart, Irwin, Gilliom, Meyer & Guthrie, Indianapolis, for appellee.

ON PETITION FOR REHEARING

YOUNG, Judge.

In our original opinion, 496 N.E.2d 406, we held that Lambert had waived his T.R. 50(A) claim and his sufficiency of evidence claim. We grant rehearing for the limited purpose of clarifying our holding on those issues.

We agree with Lambert that T.R. 50(A) includes both a decision not to send the case to the jury and a judgment notwithstanding the verdict. He alleges in his...

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