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UNDERWOOD v. DONAHUE

No. 3-381A65.

423 N.E.2d 722 (1981)

Robert UNDERWOOD and Harry Van Der Noord, d/b/a Underwood and Van Der Noord Builders, Appellants (Plaintiffs below), v. Ronald L. DONAHUE and Gladys L. Donahue, Appellees (Defendants below).

Court of Appeals of Indiana, Third District.

July 27, 1981.

Attorney(s) appearing for the Case

E. Duane Daugherty, Nesbitt, Fisher, Daugherty & Nesbitt, Rensselaer, for appellants (plaintiffs below).

STATON, Judge.

Robert Underwood and Harry Van Der Noord, doing business as Underwood and Van Der Noord Builders, (hereafter referred to as Underwood) appeal the denial of their motion for Summary Judgment and the judgment rendered in their bench trial. Underwood argues that:

(1) the trial court erred in denying the motion for Summary Judgment because there existed no genuine issue of material fact on part of the issues before the court. (2) the...

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