ERTEL v. RADIO CORPORATION OF AMERICA

No. 1-276A16.

354 N.E.2d 783 (1976)

John C. ERTEL, IV, Appellant (Defendant and Third-Party Plaintiff below), v. RADIO CORPORATION OF AMERICA, Appellee (Third-Party Defendant below), John R. Dugan and Delta Engineering Corporation, Appellees (Defendants below), Economy Finance Corporation, Appellee (Plaintiff below).

Court of Appeals of Indiana, First District.

September 29, 1976.


Attorney(s) appearing for the Case

Stephen Goldsmith, Barnes, Hickam, Pantzer & Boyd, Indianapolis, for appellant.

Alan H. Lobley, D. Robert Webster, Ice, Miller, Donadio & Ryan, Indianapolis, for appellee.


LYBROOK, Judge.

This appeal follows a remand by the Indiana Supreme Court to the trial court for a determination of a set-off claimed by Radio Corporation of America (RCA) against Ertel. The original appeal is reported as Ertel v. Radio Corporation of America et al. (1974), 261 Ind. 573, 307 N.E.2d 471.

The issue for our consideration is whether RCA satisfied its burden of proof that its damages under its set-off...

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