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CITY OF HAMMOND v. CATALDI

No. 3-283A54.

449 N.E.2d 1184 (1983)

CITY OF HAMMOND, Appellant (Defendant below), v. Ray CATALDI and Yolando Cataldi, d/b/a Cataldi Brothers Restaurant, Appellees (Plaintiffs below), and Loughlin & Sons, Inc. and Ansul Fire Company, Defendants below.

Court of Appeals of Indiana, Third District.

June 23, 1983.

Attorney(s) appearing for the Case

Robert G. Berger, Hammond, for appellant.

Vernon J. Petri, Petri, Fuhs & Doehrman, P.C., Indianapolis, for appellees.

STATON, Judge.

After a fire which damaged the Cataldi Brothers Restaurant in Hammond, Indiana, Ray and Yolando Cataldi (hereinafter "Cataldis"), owners of the restaurant, brought suit against the city of Hammond (hereinafter "city")1, alleging that the city's negligence in fighting the fire resulted in the destruction of the restaurant. The city moved for summary judgment and the trial court denied the motion. Following certification by...

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