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IND. ST. HWY. COM'N v. BATES & ROGERS CONST.

No. 1-1182A331.

448 N.E.2d 321 (1983)

INDIANA STATE HIGHWAY COMMISSION, Defendant-Appellant, v. BATES & ROGERS CONSTRUCTION, Inc., Plaintiff-Appellee.

Court of Appeals of Indiana, First District.

May 2, 1983.

Attorney(s) appearing for the Case

Linley E. Pearson, Atty. Gen., Thomas R. Hamill, Deputy Atty. Gen., Indianapolis, for defendant-appellant.

John P. Price, Donald L. Jackson, Joseph E. DeGroff, Donald J. Graham, Bingham, Summers, Welsh & Spilman, Indianapolis, for plaintiff-appellee.

RATLIFF, Judge.

STATEMENT OF THE CASE

Appellant State of Indiana appeals from an order of the Johnson Circuit Court granting appellee Bates & Rogers Construction Corporation's Petition for Order in Aid of Judgment. We reverse.

FACTS

Bates & Rogers Construction Corporation (Bates) brought suit against the state on a contract for highway construction. In due course the Johnson Circuit Court granted Bates partial summary judgment as...

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