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DON WEBSTER CO., INC. v. INDIANA WESTERN EXP.

No. IP99-1611-C-B/S.

161 F.Supp.2d 959 (2001)

The DON WEBSTER COMPANY, INC., Plaintiff, v. INDIANA WESTERN EXPRESS INC., Defendant.

United States District Court, S.D. Indiana, Indianapolis Division.

August 24, 2001.

Attorney(s) appearing for the Case

James A. Dressman III, Deters, Benzinger & Lavelle, Covington, KY.

Robert L. Browning, Scopelitis, Garvin, Light & Hanson, Indianapolis, IN.

ENTRY GRANTING IN PART AND DENYING IN PART PLAINTIFF'S MOTION FOR PARTIAL SUMMARY JUDGMENT AND DENYING DEFENDANT'S MOTION FOR PARTIAL SUMMARY JUDGMENT

BARKER, District Judge.

Plaintiff, The Don Webster Company, Inc. ("Webster"), sues Defendant, Indiana Western Express, Inc. ("IWX"), for breach of contract. In its Answer and Affirmative Defenses to Plaintiff's Amended Complaint ("Answer"), IWX asserts a number of affirmative defenses, including accord...

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