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NORTHERN IND. SLUR. SEAL, INC. v. K & K TRUCK SALES

No. 3-474A55.

338 N.E.2d 704 (1975)

NORTHERN INDIANA SLURRY SEAL, Inc., Plaintiff-Appellant, v. K & K TRUCK SALES, Inc., Defendant-Appellee.

Court of Appeals of Indiana, Third District.

December 30, 1975.

Attorney(s) appearing for the Case

William L. Soards, Indianapolis, Richard W. Mehl, Mehl, Mehl & Beeson, Goshen, for plaintiff-appellant.

James A. Simpson, Wilmer L. McLaughlin, Goshen, for defendant-appellee.

GARRARD, Judge.

On December 12, 1969, appellant (Slurry Seal) commenced suit against appellee (K & K) to replevy a semi dump trailer. Additional paragraphs of complaint sought damages for loss of use and for damage to the trailer.

Bench trial was had August 13, 1973. When the trial commenced, the count for possession was dismissed as moot. The court found for the defendant on the damage claims. Slurry Seal contends this decision was not sustained by the...

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