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ENGLAND v. FAIRFIELD CONTRACTING, INC.

No. 79A02-0711-CV-935.

908 N.E.2d 238 (2008)

Deloris E. ENGLAND and Bobby G. England, as Guardians of the Estate and Person of Robert E. England, Incapacitated Adult, Appellants-Plaintiffs, v. FAIRFIELD CONTRACTING, INC., Appellee-Defendant/Cross-Appellant, v. Ed Muller Masonry, Inc., Cross-Appellee/Third-Party Defendant.

Court of Appeals of Indiana.

Publication Ordered October 20, 2008.

Attorney(s) appearing for the Case

W.F. Conour, John P. Daly, Jr., Conour-Daly, Indianapolis, IN, Attorneys for Appellants.

Joseph M. Dietz, Rick Meils, Meils Thompson Dietz & Berish, Indianapolis, IN, Attorneys for Fairfield.

Richard R. Skiles, Skiles DeTrude, Indianapolis, IN, Attorney for Ed Muller.

OPINION

BAKER, Chief Judge.

Appellants-defendants Deloris E. England and Bobby G. England, as guardians of the Estate and person of Robert E. England, an incapacitated adult (the Estate), appeal the trial court's order denying the Estate's motion for partial summary judgment against appellee-defendant Fairfield Contracting, Inc. (Fairfield). The Estate contends that the trial court should have found as a matter of law that Fairfield had assumed a contractual...

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