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REPP AND MUNDT, INC. v. HITZELBERGER SUPPLY CO.

No. 2-1075A264.

353 N.E.2d 547 (1976)

REPP AND MUNDT, INC., an Indiana Corporation, et al., Appellants (Defendants below), v. HITZELBERGER SUPPLY CO., Inc., an Indiana Corporation, Appellee (Plaintiff below).

Court of Appeals of Indiana, First District.

Rehearing Denied September 30, 1976.

Attorney(s) appearing for the Case

Thompson & Jones, Columbus, DeFur, Voran, Hanley, Radcliff & Reed, Muncie, for appellants.

John D. Raikos, Raikos, Martenet, Deal & Raikos, Indianapolis, Ralph E. Dennis, Jr., Dennis, Cross, Raisor, Jordan & Marshall, Muncie, for appellee.

LYBROOK, Judge.

Defendants-appellants, Repp and Mundt, Inc., an Indiana Corporation; State Teachers Board and Ball State University Board of Trustees, appeal from the trial court's granting of a Motion for Summary Judgment.2 Plaintiff-appellee, Hitzelberger Supply Co., Inc., an Indiana Corporation, initiated this action to foreclose a mechanic's lien and for an amount stated and for damages. Defendants raise eight issues for our consideration...

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