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TRIMBLE v. AMERITECH PUB., INC.

No. 53S01-9805-CV-298.

700 N.E.2d 1128 (1998)

Gary TRIMBLE, doing business as Bloomington Auto Parts, Appellant (Plaintiff below), v. AMERITECH PUBLISHING, INC., Appellee (Defendant below).

Supreme Court of Indiana.

October 9, 1998.

Attorney(s) appearing for the Case

John H. Shean, Shean Law Offices, Bloomington, for Appellant.

Andrew W. Hull, Alice McKenzie Morical, Johnson Smith Pence Densborn Wright & Heath, Indianapolis, for Appellee.

ON PETITION TO TRANSFER

SULLIVAN, Justice.

In this case, a business owner wanted to advertise in Ameritech's "Yellow Pages." Ameritech agreed but failed to run the ad. At issue is whether the clause in their contract limiting Ameritech's liability to the purchase price of the ad is valid and enforceable. Court of Appeals' decisions differ on this issue and we granted transfer to resolve the conflict.

Background

On August 24, 1994...

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