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McKENNA, ETC. ET AL. v. STANDARD OIL CO., ETC.

No. 29,429.

236 Ind. 370 (1957)

140 N.E.2d 512

McKENNA, ETC. ET AL. v. STANDARD OIL COMPANY, ETC.

Supreme Court of Indiana.

Filed February 27, 1957.

Attorney(s) appearing for the Case

William Belshaw, and Green, Powers, Belshaw & Danko, (of counsel), all of Whiting, for appellant.

Richard P. Tinkham, Hunter L. Johnson, Jr., and Tinkham, Beckman & Kelly, (of counsel), all of Hammond, for appellee.

EMMERT, J.

This is an appeal from a judgment for appellee for failure of appellants to plead over after a demurrer had been sustained to an amended complaint. The appeal is here by reason of the failure of four judges of the Appellate Court to concur. Section 4-209, Burns' 1946 Replacement.

The amended complaint in substance charged that appellant brought this action individually and as a member of and on behalf of 6,800 employees of appellee; that on April...

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