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533 N.E.2d 193

Rauch v. Shots

Indiana Court of Appeals

Decided February 2, 1989

Indiana Court of Appeals · decided 1989-02-02

Cited by 9 later decisions — most recently June 2008

6 state decisions

Relies on Wecker v. Kilmer

Good law ✅— No negative treatment on recordhow we know

Decided 1989-02-02

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STATON, Judge,

¶1concurring.

¶2I concur in result. I would reverse because the circumstances of the parties clearly show that several controlling factors are not established. As Justice Hunter stressed in Wecker v. Kilmer (1973), 260 Ind. 198, 294 N.E.2d 132, at 135:

Two factors should be controlling in determining the effect of an agreement purporting to operate as a release:
“(1) Whether the injured party has received received full satisfaction; and “(2) Whether the parties intended that the release be in full satisfaction of the injured party’s claim, ...”
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