CATO ENTERPRISES, INC. v. FINE

No. 1269A229.

271 N.E.2d 146 (1971)

CATO ENTERPRISES, INC., Appellant, v. Oscar FINE, Doing Business under the Name and Style of Tri-State Asphalt Company, Appellee.

Appellate Court of Indiana, Division No. 1.

June 30, 1971.


Attorney(s) appearing for the Case

F. Wesley Bowers, Fitzgerald, Buthod, Bowers, Harrison & Kent, Evansville, for appellant.

Howard P. Trockman, Evansville, for appellee.


LOWDERMILK, Judge.

This is an appeal from an action to recover possession of certain real estate in Vanderburgh County and for damages for unlawful retention thereof; and also seeking to restrain the defendant-appellee from dismantling an asphalt plant located thereon and removing it and other equipment.

Defendant-appellee filed a second amended counterclaim in three paragraphs, seeking damages for reasonable value of parts and services in equipping and renovating...

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