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BETTENHAUSEN v. GODBY

No. 49A02-0707-CV-616.

878 N.E.2d 1277 (2008)

Merle V. BETTENHAUSEN, In His Capacity as Personal Representative of the Estate of Tony Bettenhausen, Appellant-Defendant, v. Thomas GODBY and 109 Gasoline Alley, LLC, Appellees-Plaintiffs.

Court of Appeals of Indiana.

January 11, 2008.

Attorney(s) appearing for the Case

John A. Cremer, Cremer Burroughs & Cremer, Indianapolis, IN, Attorney for Appellant.

Anthony B. Ratliff, Stark Doninger & Smith LLP, Indianapolis, IN, Attorney for Appellees.

OPINION

BRADFORD, Judge.

Appellant-Defendant Merle V. Bettenhausen ("Merle"), in his capacity as personal representative of the estate of Tony Bettenhausen, appeals from the trial court's grant of summary judgment in favor of Appellees-Plaintiffs Thomas Godby and 109 Gasoline Alley, LLC ("Plaintiffs"), and the denial of his motion for judgment on the pleadings. We reverse and remand with instructions.

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