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BURKS v. RUSHMORE

No. 41S04-8903-CV-209.

534 N.E.2d 1101 (1989)

James E. BURKS, Appellant (Plaintiff below), v. C.H. RUSHMORE, Appellee (Defendant below).

Supreme Court of Indiana.

March 9, 1989.

Attorney(s) appearing for the Case

David S. McCrea, McCrea & McCrea, Bloomington, for appellant.

David S. Allen, Locke Reynolds Boyd & Weisell, and A. David Stippler, Indianapolis, for appellee.

DICKSON, Justice.

In this defamation action, defendant C.H. Rushmore obtained a summary judgment based upon the expiration of the applicable statute of limitations. The Court of Appeals reversed, applying a discovery rule "in situations in which the defamation is published in a manner in which it is likely to be concealed from its plaintiff." Burks v. Rushmore (1986), Ind. App., 499 N.E.2d 762, 764. Rushmore seeks transfer...

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