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CALTRAM EQUIPMENT CO., INC. v. ROWE

No. 4-682A159.

441 N.E.2d 46 (1982)

CALTRAM EQUIPMENT CO., INC., Appellant (Plaintiff below), v. Joseph ROWE, Appellee (Defendant below).

Court of Appeals of Indiana, Third District.

October 27, 1982.

Attorney(s) appearing for the Case

David W. Weigle, Hammond, for appellant.

Joel C. Levy, Singleton, Levy, Crist & Johnson, Highland, for appellee.

HOFFMAN, Presiding Judge.

This is an appeal from the trial court's award of attorney fees at a hearing pursuant to Ind.Rules of Procedure, Trial Rule 41(E), which reads:

"Failure to prosecute civil actions or comply with rules. Whenever there has been a failure to comply with these rules or when no action has been taken in a civil case for a period of sixty [60] days, the court, on motion of a party or...

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