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SUPER. TRAILER MFG. CORP. v. J.W. SCATTERDAY, INC.

No. 30,028.

243 Ind. 473 (1962)

185 N.E.2d 417

SUPERIOR TRAILER MFG. CORP. v. J.W. SCATTERDAY, INC. ET AL.

Supreme Court of Indiana.

Rehearing denied January 3, 1963.

Attorney(s) appearing for the Case

George B. Davis, Davis & Williams, of counsel, of Greenfield, Michael L. Fansler, Bernard Stroyman and Fansler, Fauvre, Dongus & Chambers, of counsel, all of Indianapolis, for appellant.

Waldo Ging, of Greenfield, Richard Fulmer, Hugh E. Reynolds, Jr., Hugh E. Reynolds and Locke, Reynolds, Boyd & Weisell, of counsel, all of Indianapolis, for appellees.

ACHOR, J.

Heretofore this court by a written opinion in Superior Trailer Mfg. Corp. v. J.W. Scatterday, Inc. (1961), 241 Ind. 459, 462, 169 N.E.2d 721, 722-723, made a general statement regarding the factual circumstances in this case and determined that:

"[U]nder the issues as formed by the pleadings and the evidence it was...

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