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COLLINS v. BAIR

No. 371S77.

256 Ind. 230 (1969)

268 N.E.2d 95

ELVA COLLINS v. MURRAY E. BAIR.

Supreme Court of Indiana.

Rehearing denied January 6, 1970.

Transfer denied March 30, 1971.

Attorney(s) appearing for the Case

Arthur A. May, Crumpacker, May, Levy & Searer, of South Bend, for appellant.

David L. Matthews, of South Bend, for appellee.

HUNTER, J.

Petitioner is before this court on an application for transfer seeking review of the Appellate Court's opinion in Collins v. Bair (1970), 252 N.E.2d 448. It was there held that when a litigant "by way of complaint, counterclaim or affirmative defense, places in issue his physical or mental condition, then he automatically waives the privilege granted by the Act (the physician-patient privilege granted by Ind. Ann. Stat. § 2-1714 [Fourth...

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