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SMITH v. P. & B. CORP.

No. 1-778A192.

386 N.E.2d 1232 (1979)

Lowell C. SMITH and Doris I. Smith, Appellants (Plaintiffs below), v. P. & B. Corporation, Robert C. Osborne, Paul J. Falkenstein, Mary G. Osborne, O. Paul Falkenstein, Oak Park Conservancy District, William Arnett, Harry Sandbach, and Wayne Storz, As Successors to William C. Cundiff, Harry Sandbach and Donald Vascimini, All As Directors of the Oak Park Conservancy District; William E. Henderson and Paul E. Moffett, Appellees (Defendants below).

Court of Appeals of Indiana, First District.

Rehearing Denied April 30, 1979.

Attorney(s) appearing for the Case

David V. Scott, Kelso & Scott, Rebecca G. Looney, New Albany, for appellants.

John Vissing, Fox & Smith, Jeffersonville, David P. Varble, Varble & Varble, Jeffersonville, Virgil E. Bolly, Sellersburg, for appellees.

ROBERTSON, Judge.

Plaintiffs-appellants, Lowell C. Smith and Doris I. Smith (the Smiths), bring this appeal from a summary judgment granted to defendants-appellees, P. & B. Corporation and its shareholders (P & B), and Oak Park Conservancy District and its directors (Oak Park). The Smiths contend there is a genuine issue of material fact concerning the liability of appellees for injury suffered by Smith in a sewer line construction accident.

We affirm...

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