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CITY OF ELKHART v. MIDDLETON

No. 3-575A90.

346 N.E.2d 274 (1976)

CITY OF ELKHART, Defendant-Appellant, v. Walter F. MIDDLETON, II, Administrator of the Estate of Walter F. Middleton, Appellee, Wright Construction Corporation, Appellee-Plaintiff, Dorr-Oliver, Incorporated, Appellee-Defendant, and American Casualty Company of Reading, Pennsylvania, Appellee.

Court of Appeals of Indiana, Third District.

April 21, 1976.

Attorney(s) appearing for the Case

John J. Lorber, Crumpacker, May, Levy & Searer, South Bend, Edward C. Stuart, City Atty., Elkhart, for appellant.

John E. Doran, Doran, Manion, Boynton & Kamm, Alexander Lysohir, Lysohir & Singer, Donald G. Blackmond, Jones, Obenchain, Johnson, Ford, Pankow & Link, South Bend, for appellees.

GARRARD, Judge.

Upon certification by the trial court as provided by Indiana Rules of Procedure, Appellate Rule 4(B)(5), the parties have perfected this interlocutory appeal to challenge a decision denying the City of Ekhart's petition to add an additional party and file a third-party complaint.1

The record discloses that Wright Construction Corporation commenced this action against...

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