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D.O. McCOMB & SONS, INC. v. FELLER FUNERAL HOME, INC.

No. 17A04-9905-CV-195.

720 N.E.2d 454 (1999)

D.O. McCOMB & SONS, INC. Appellant-Plaintiff, v. FELLER FUNERAL HOME, INC. Appellee-Defendant.

Court of Appeals of Indiana.

December 9, 1999.

Attorney(s) appearing for the Case

Robert Owen Vegeler, Beers Mallers Backs & Salin, Fort Wayne, Indiana, Attorney for Appellant.

Thompson Smith, John Martin Smith and Thompson Smith, Auburn, Indiana, Attorney for Appellee.

OPINION

BAKER, Judge

Appellant-plaintiff D.O. McComb & Sons, Inc. (McComb) appeals from the decision of the trial court that it was not entitled to a five percent (5%) transfer fee, to be paid by appellee-defendant Feller Funeral Home, Inc. (Feller), after the latter was named the beneficiary of a funeral insurance policy originally purchased from McComb and naming McComb the beneficiary. Specifically, McComb argues that IND.CODE § 30-2-13-13 unambiguously...

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