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FORT WAYNE BANK BLDG., INC. v. BANK BLDG. & EQ. CORP.

No. 3-1272A92.

309 N.E.2d 464 (1974)

FORT WAYNE BANK BUILDING, Inc., and Thomas F. Marshall, Appellants, v. BANK BUILDING AND EQUIPMENT CORPORATION OF AMERICA AND MOSS ENGINEERING CORPORATION, Appellees.

Court of Appeals of Indiana, Third District.

April 15, 1974.

Attorney(s) appearing for the Case

John F. Lyons, J.A. Bruggeman, Barrett, Barrett & McNagny, Fort Wayne, for appellants.

Milford M. Miller, Edward L. Murphy Jr., Fort Wayne, for appellees; Livingston, Dildine, Haynie & Yoder, Fort Wayne, of counsel.

HOFFMAN, Chief Judge.

This is an appeal from a judgment against Fort Wayne Bank Building, Inc. and Thomas Marshall (Owner) for the cost of materials and labor used in the Fort Wayne National Bank Building. The building was partially constructed by appellee Bank Building and Equipment Corporation of America (Contractor) who obtained the materials and labor in issue from a subcontractor.

After the Contractor stopped work on the building, it reached a settlement...

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