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SCULLY v. ARMSTRONG

Civ. No. H 86-579.

646 F.Supp. 213 (1986)

Thomas SCULLY, Administrator of the Estate of Ivory V. Grandberry, Sr., deceased, Plaintiff, v. Etta ARMSTRONG, James E. Cross, Jr. and Builders Transport, Inc., Defendants. Etta ARMSTRONG, Cross-Complainant, v. James E. CROSS, Jr. and Builders Transport, Inc., Cross-Defendants.

United States District Court, N.D. Indiana, Hammond Division.

October 23, 1986.

Attorney(s) appearing for the Case

James J. Nagy, Munster, Ind., for Thomas Scully.

Randall Nye, Beckman, Kelly & Smith, Hammond, Ind., for James Cross and Builders Transport.

Richard Komyatte, Komyatte & Freeland, Highland, Ind., for Etta Armstrong.

ORDER

MOODY, District Judge.

This matter comes before the court on a Motion to Dismiss, filed on August 26, 1986 by defendants James E. Cross, Jr. and Builders Transport, Inc. pursuant to Fed.R. Civ.P. 12(b)(1) and 12(b)(6). The plaintiff Thomas Scully, as administrator of the estate of decedent Ivory V. Grandberry, Sr., commenced the action on August 5, 1986 against the moving defendants and defendant Etta Armstrong for wrongful death resulting from a vehicle...

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