DULING v. MARKUN

Civ. No. 3688.

152 F.Supp. 683 (1957)

Joseph J. DULING and Charles C. Scott, Executors of the Last Will and Testament of Jack Marks, Deceased, v. Louis R. MARKUN and Maple Road Village, Inc., a corporation.

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

May 31, 1957.


Attorney(s) appearing for the Case

Buschmann, Krieg, DeVault & Alexander, Indianapolis, Ind., and Steptoe & Johnson, Clarksburg, W. Va., for plaintiffs.

Fansler, Fauvre, Young & Chambers, Indianapolis, Ind., for defendants.


STECKLER, Chief Judge.

This is the second time the trial court has considered the issues in this cause. On May 20, 1955, this court granted the defendants' motions for summary judgment based upon the pleadings, affidavits and deposition on file in support of the motions, concluding that there was no genuine issue as to any material fact and that the defendants were entitled to judgment as a matter of law. This conclusion was based upon the court's interpretation of...

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