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ATTLIN CONST. v. MUNCIE COMMUNITY SCHOOLS

No. 2-178A4.

413 N.E.2d 281 (1980)

ATTLIN CONSTRUCTION, Inc., Plaintiff-Appellant, v. MUNCIE COMMUNITY SCHOOLS and Board of Trustee of Muncie Community Schools: J. Richard Marshall, President, John Wesley Wray, Vice-President, Joan Murray, Secretary, Hurley Goodall and Jack Donati, Members, Jacobs-Maze and Associates, and Dale L. Jacobs and Ronald G. Maze, Defendants-Appellees.

Court of Appeals of Indiana, Fourth District.

Rehearing Denied December 24, 1980.

Attorney(s) appearing for the Case

John T. Cook, Winchester, Wayne J. Lennington, Muncie, Frank E. Spencer, Indianapolis, for plaintiff-appellant.

Alan H. Lobley, Ice, Miller, Donadio & Ryan, Indianapolis, for Geupal Demars, Inc., as amicus curiae.

Frank E. Gilkison, White, Beasley, Gilkison, Retherford & Buckles, Samuel L. Reed, DeFur, Voran, Hanley, Radcliff & Reed, Muncie, for defendants-appellees.

MILLER, Judge.

Plaintiff-appellant Attlin Construction, Inc. (Attlin) appeals the judgment of the Delaware Circuit Court in favor of the defendants-appellees, Muncie Community Schools and the Board of Trustees of Muncie Community Schools (Muncie Schools), Jacobs-Maze and Associates (Jacobs-Maze), Dale L. Jacobs and Ronald G. Maze (the individual partners), entered upon the appellees' motions for an involuntary dismissal pursuant to Ind.Rules of Procedure, Trial Rule...

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