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BOB LAYNE CONTRACTOR, INC. v. BARTEL

No. 73-1841.

504 F.2d 1293 (1974)

BOB LAYNE CONTRACTOR, INC., a corporation, Plaintiff-Appellant, v. Charles L. BARTEL et al., Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided November 1, 1974.

Attorney(s) appearing for the Case

Alvin E. Meyer, Indianapolis, Ind., John O. Henry, Dayton, Ohio, for plaintiff-appellant.

R. Stanley Lawton, Indianapolis, Ind., Frank E. Gilkison, Muncie, Ind., for defendants-appellees.

Before SPRECHER and TONE, Circuit Judges, and PERRY, Senior District Judge.

SPRECHER, Circuit Judge.

This appeal tests the propriety of the entry of a summary judgment by the district court.

I

The plaintiff, Bob Layne Contractor, Inc., is an Indiana corporation engaged in the development of residential real estate and in the construction and sale of single-family residences thereon.

On May 4, 1960, Layne platted and recorded the plat of a subdivision known as "Layne Crest...

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