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SMITHERS v. METTERT

No. 33A01-8703-CV-00060.

513 N.E.2d 660 (1987)

Roger SMITHERS, Plaintiff-Appellant, v. James C. METTERT, Defendant-Appellee, Milwaukee Insurance Company, Garnishee-Defendant-Appellee.

Court of Appeals of Indiana, First District.

Rehearing Denied November 12, 1987.

Attorney(s) appearing for the Case

R. Scott Hayes, Gregory L. Crider, Scotten & Hinshaw, New Castle, for plaintiff-appellant.

Peter G. Tamulonis, John T. Lorenz, John B. Drummy, Kightlinger & Gray, Indianapolis, for defendant-appellee.

RATLIFF, Chief Judge.

STATEMENT OF THE CASE

Roger Smithers appeals from the Henry Circuit Court the denial of his motion for payment of insurance proceeds through proceedings supplemental. We reverse.

FACTS

On April 25, 1979, a car owned and operated by James C. Mettert (Mettert) swerved off the road and flipped over. Three passengers were in the car with Mettert: Mary Daffron, Jack Duffy, and...

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