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CHESAPEAKE & OHIO RY. CO. v. PACE

No. 19,352.

242 Ind. 157 (1961)

177 N.E.2d 381

THE CHESAPEAKE AND OHIO RAILWAY COMPANY v. PACE.

Supreme Court of Indiana.

Filed October 16, 1961.

Attorney(s) appearing for the Case

Russell J. Wildman, Cole, Wildman & Cole, of Peru, Fred W. Campbell, and Harker, Irwin, Campbell & Harker, of Frankfort, for appellant.

J.O. Finney, of Anderson, W.J. Robison and Robison & Robison, Frankfort, for appellee.

Reporter's Note. — Appellate Court opinion reported in 175 N.E.2d 895.

Transfer denied.

CONCURRING OPINION ON DENIAL OF TRANSFER

ACHOR, J.

I concur in the denial of transfer in the above captioned case except for the following statement which appears in the Appellate Court opinion, which language, in my opinion, enunciates an erroneous rule of appellate procedure, which purported rule...

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