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IND. STATE HIGHWAY COM'N v. BATES & ROGERS

No. 1-1080A299.

422 N.E.2d 400 (1981)

INDIANA STATE HIGHWAY COMMISSION, Appellant-Defendant, v. BATES and ROGERS Construction Corp., Appellee-Plaintiff.

Court of Appeals of Indiana, Fourth District.

Rehearing Denied August 26, 1981.

Attorney(s) appearing for the Case

Linley E. Pearson, Atty. Gen. of Indiana, Thomas Ralph Hamill, Deputy Atty. Gen., Indianapolis, for appellant-defendant.

Robert G. Weddle, John P. Price, Joseph E. DeGroff, Bingham Summers Welsh & Spilman, Indianapolis, for appellee-plaintiff.

CHIPMAN, Judge.

Bates and Rogers Construction Corp. (Bates) contracted with the Indiana State Highway Commission (Commission) to construct a 2 mile section of State Road 52. Upon completion of the project Bates sought payment from the Commission but it objected. After filing its two count complaint and moving for summary judgment Bates was granted a partial summary judgment on Count I. From this judgment the Commission appeals arguing the trial court should not have...

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