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SHIRLEY v. RUSSELL

No. 94-3280.

69 F.3d 839 (1995)

Margaret SHIRLEY, individually and as copersonal representative of the estate of Loren M. Shirley, deceased, and C. Thomas Wagner, as copersonal representative of the estate of Loren M. Shirley, deceased, Plaintiffs-Appellees, v. Gerald R. RUSSELL and Elmer Buchta Trucking, Incorporated, Defendants-Appellants.

United States Court of Appeals, Seventh Circuit.

Decided November 7, 1995.

Attorney(s) appearing for the Case

Richard C. Rusk and G. Byron Overton (argued), Rusk & Overton, Washington, IN, for Plaintiffs-Appellees.

D. Timothy Born (argued), Lacey, Terrell, Annakin, Heldt & Baugh, Evansville, IN, for Defendants-Appellants.

Before RIPPLE, MANION, and KANNE, Circuit Judges.

KANNE, Circuit Judge.

Plaintiffs-appellees sued defendants-appellants in diversity for wrongful death and prevailed in a bench trial to the tune of $577,733.83. We are asked in this appeal to determine two issues: (1) whether a spouse's survivor benefits provided by a state pension plan are collateral source payments admissible in evidence under Indiana's collateral source evidence statute, IND.CODE § 34-4-36-2 (1994); and (2) whether eyewitness testimony concerning...

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