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HITT v. GITHENS

No. 05A04-8609-CV-281.

509 N.E.2d 210 (1987)

James G. HITT, Appellant (Plaintiff below), v. Allen GITHENS and Midwestern Indemnity Insurance Company, Appellees (Defendants below).

Court of Appeals of Indiana, Fourth District.

Rehearing Denied August 4, 1987.

Attorney(s) appearing for the Case

David M. Payne, Ryan, Welchons & Payne, C. Robert Rittman, Biddinger & Johnson, Marion, for appellant.

David S. Wallace, Warner, Wallace, McLaren & Dague, Muncie, Frank O. McLane, McLane & McLane, Marion, for appellees.

MILLER, Judge.

James G. Hitt filed suit against Allen Githens and Midwestern Indemnity Insurance Company1 seeking compensation for injuries he sustained in a collision between his motorcycle and Githens's 1971 Buick Electra. Midwestern sought by way of counterclaim, and obtained, a declaratory judgment stating it was not liable for damages since it was not the insurer of the Buick. Hitt appeals...

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