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GEIGER & PETERS v. AM. FLETCHER NAT. BANK

No. 2-381A87.

428 N.E.2d 1279 (1981)

GEIGER and PETERS, Inc., Appellant (Defendant below), v. AMERICAN FLETCHER NATIONAL BANK & TRUST COMPANY, As Trustee under the Provisions of the Betz Trust, Dated March 3, 1962, Appellee (Defendant below).

Court of Appeals of Indiana, Second District.

December 8, 1981.

Attorney(s) appearing for the Case

Carl L. Peters, Peters & Carter, Indianapolis, for appellant.

James A. Strain, Robert H. Jerry, II, Barnes, Hickam, Pantzer & Boyd, Indianapolis, for appellee.

SHIELDS, Judge.

Appellant Geiger and Peters, Inc. (Geiger) appeals the dismissal of a cross claim seeking to foreclose a mechanics lien. Geiger raises the following issues for review:

I. Did the stipulation of dismissal dismiss the plaintiff's complaint or all pending claims for relief? II. Was the statute of limitations tolled by the filing of Geiger's cross complaint? III. Did AFNB waive the issue of service of process?

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