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RUSHVILLE CHRYSLER-JEEP-DODGE
New & used vehicles with a full line service & parts dept. Call 765-932-2447 or 866-576-7874 or visit us on the web for more info.
rushvillechryslerjeepdodge.com

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PIT STOP PIZZA & PUB
Open for breakfast at 6 a.m., Mon-Sat. Steak special Fri-Sat. Daily homemade meal specials. 711 N. Main Street in Carthage. 765-565-6078

the caring professionals
HINSEY-BROWN FUNERAL SERVICE
Two locations: 7355 S. State Road 109, Knightstown (765-345-7400) and 3406 S. Memorial Dr. in New Castle (765-529-7100)
hinsey-brown.com

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LEAKEY INSURANCE AGENCY
Call 765-345-5171 for info/quote.
leakeyinsurance.com

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KNIGHTSTOWN COLLISION CENTER
Call 765-345-5380 for info/quote or visit us at 221 W. Main Street

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SUPERIOR MOWERS & MORE
Call 317-462-1323 or visit us on the web for more info
superiormowers.com

a family tradition since 1898
CONDO & SON FUNERAL HOME
Funeral services, monument sales. 130 S. Main Street in Wilkinson. Call 765-781-2435.
condoandson.com

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 Court of Appeals Rules

July 16, 2008 - The Indiana Court of Appeals has issued four rulings in the past two weeks on cases originating from Henry County.

Last Friday, the Court of Appeals rejected appeals filed by two men who had sued DaimlerChrysler Corp., Metadyne Corp., and NC-M Chassis Systems, LLC, in 2003. Darrin Coomer and Matthew Gregory had both claimed they experienced seizures caused by exposure to contaminated soil, water and toxins while working in late 2001 and early 2002 at the DaimlerChrysler facility in New Castle as laborers for Smoot Construction.

After the Henry Circuit Court entered summary judgment in favor of the defendants last November, Coomer and Gregory, who were represented by the same Indianapolis attorneys, both appealed. In last week's ruling, Chief Justice John Baker, writing for a three-judge panel that also included judges Patricia Riley and Margret Robb, said the Henry Circuit Court had ruled properly in both cases.

According to Baker, a doctor who examined both men had not identified specific chemicals, or analyzed the level, concentration, or duration of the men's exposure. The doctor, Baker said, had also not accounted for the possibility of alternative causes, and his opinion, therefore, was insufficient to establish causation, which meant the Henry Circuit Court had been right to grant summary judgement for the defendants.

The Court of Appeals also recently ruled in two Henry County criminal cases. On July 2, the court upheld the 60-year sentence given to Romie Jackson for murder and a concurrent 40-year sentence for robbery. The court of Appeals rejected Jackson's claim that his sentence was inappropriate in light of his history of mental illness.

On June 30 the Court of Appeals upheld the convictions of Rick G. Gwinn for operating a vehicle while intoxicated, driving while suspended as an habitual traffic violator, and criminal mischief, as well as the determination he is an habitual substance offender. Gwinn had claimed his attorney at trial had not given him effective assistance of counsel, but the Court of Appeals said the lawyer's failure to object to two items of evidence was, at most, an isolated error that did not undermine the court's confidence in the outcome.

 

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