COOPER v. INDIANA GAS & WATER CO.

No. 1-178A12.

381 N.E.2d 1250 (1978)

Emery COOPER, Appellant (Plaintiff below), v. INDIANA GAS & WATER CO. and Lehigh Portland Cement Co., Inc., Appellees (Defendants below).

Court of Appeals of Indiana, First District.

Rehearing Denied November 30, 1978.


Attorney(s) appearing for the Case

Ira B. Zinman, Bloomington, Mark Peden, Foley, Foley & Peden, Martinsville, for appellant.

William V. Hutchens, Locke, Reynolds, Boyd & Weisell, Indianapolis, for appellees.


LYBROOK, Presiding Judge.

Plaintiff-appellant Emery Cooper asks this court to consider whether the trial court abused its discretion in denying his motion for relief from judgment under Ind. Rules of Procedure, Trial Rule 60(B)(3) which allows a trial court to relieve a party from a final judgment if it finds "fraud (whether heretofore denominated intrinsic or extrinsic), misrepresentation, or other misconduct of an adverse party."

Cooper sustained serious...

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