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DURAKOOL v. MERCURY DISPLACEMENTS, ETC.

No. 3-1179A322.

422 N.E.2d 680 (1981)

DURAKOOL, Inc., Appellant, v. MERCURY DISPLACEMENTS INDUSTRIES, Inc., et al., Appellees.

Court of Appeals of Indiana, Third District.

June 29, 1981.

Attorney(s) appearing for the Case

David R. Melton, Thornburg, McGill, Deahl, Harman, Carey & Murray, South Bend, for appellant.

Vincent P. Campiti, May, Oberfell, Helling, Lorber, Campiti & Konopa, South Bend, for appellee Joseph Witcher.

STATON, Judge.

Durakool, Inc. filed an action against Mercury Displacement Industries, Inc. (Mercury), George H. Elenbaas, Ben Brewers and Joseph B. Witcher, seeking injunctive and monetary relief. After a hearing on the motions for summary judgment, made by both Durakool and Witcher, the court granted Witcher's motion and denied Durakool's motion for partial summary judgment. It found that there was no genuine issue as to any material fact "with reference to the...

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