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HENRY B. GILPIN CO. v. MOXLEY

No. 2-680A196.

434 N.E.2d 914 (1982)

The HENRY B. GILPIN Company and Mooney-Kiefer-Stewart CO., Inc., Defendants-Appellants, v. David MOXLEY, Plaintiff-Appellee.

Court of Appeals of Indiana, Fourth District.

May 5, 1982.

Attorney(s) appearing for the Case

Thomas G. Stayton, James H. Ham, III, Ralph F. Hall, Baker & Daniels, Indianapolis, for appellants.

Arthur H. Northrup, Indianapolis, for appellee.

MILLER, Presiding Judge.

Appellants The Henry B. Gilpin Co. (Gilpin) and Mooney-Kiefer-Stewart Co., Inc. (MKS) are appealing an adverse summary judgment rendered in favor of appellee David Moxley for amounts due under three notes of MKS guaranteed by Gilpin. Gilpin MKS contend the trial court's judgment is erroneous because 1) there existed genuine issues of material fact concerning their affirmative defenses of waiver and estoppel as to Moxley's right to claim default...

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