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SEARS v. BLUBAUGH

No. 29A05-9301-CV-3.

613 N.E.2d 468 (1993)

SEARS, Appellant-Defendant, v. John BLUBAUGH, Appellee-Plaintiff.

Court of Appeals of Indiana, Fifth District.

Transfer Denied August 2, 1993.

Attorney(s) appearing for the Case

Judy S. Okenfuss, Ice Miller Donadio & Ryan, Indianapolis, for appellant-defendant.

James W. Cunningham, Roberts & Bishop, Indianapolis, for appellee-plaintiff.

BARTEAU, Judge.

This small claims action was initiated by John Blubaugh, who sued Sears in Hamilton County Small Claims Court for $2,195.45 in damages allegedly caused by defective tires he purchased from Sears. The summons with which Sears was served contained the following sentence:

You are not required to have any attorney in small claims court, but you may be represented by one if you wish.

(R. 7). Goodyear Tire & Rubber Co., the manufacturer...

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