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State Courts -
Indiana - August 31, 2007
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Asbestos Corp., Ltd. v. Akaiwa, No. 49A02-0608-CV-676,
COURT OF APPEALS OF INDIANA, August 31, 2007, Decided, August 31, 2007, Filed
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Overview: In an executor's action for a decedent's asbestos exposure, a miner of raw asbestos fibers was entitled to summary judgment. The miner met its burden of showing that the decedent had not been exposed to its asbestos with the decedent's testimony that he did not recall either being exposed to or inhaling dust while working with certain products.
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DAP, Inc. v. Frank, No. 49A02-0608-CV-670,
COURT OF APPEALS OF INDIANA, August 31, 2007, Decided, August 31, 2007, Filed
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Overview: An action for asbestos exposure filed against a manufacturer over 20 years after a decedent's last possible exposure to asbestos was barred by the 10-year statute of repose of Ind. Code § 34-20-3-1. Because the manufacturer was not a miner, Ind. Code § 34-20-3-2 did not apply.
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Hunter v. Klimowicz, No. 45A03-0606-CV-263,
COURT OF APPEALS OF INDIANA, August 31, 2007, Decided, August 31, 2007, Filed
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Overview: Trial court's judgment finding that settlor lacked sufficient capacity to execute trust was proper because, although, inasmuch as trust was executed in 2000, and the statute was not the correct tool to use to evaluate the settlor's capacity, the evidence supported the finding based on the standard applicable at the time the trust was executed.
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Int'l Union of Police Ass'ns, Local No. 133 v. Ralston, No. 84A01-0608-CV-327,
COURT OF APPEALS OF INDIANA, August 31, 2007, Decided, August 31, 2007, Filed
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Overview: Former Ind. Code § 19-1-29.5-13, adopted by a city as part of its merit plan, could not be read as requiring that only members of the police department could be appointed as the chief of police. Accordingly, the statute did not prevent the appointment of a chief of police who worked in the private sector at the time of his appointment.
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