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J.C. PENNEY CO., INC. v. WESOLEK

No. 3-683A191.

465 N.E.2d 763 (1984)

J.C. PENNEY COMPANY, Inc., Montgomery Elevator CO., and Early Elevator Corp. Appellants-Defendants, v. Ruth E. WESOLEK and Paul J. Wesolek, Appellees-Plaintiffs.

Court of Appeals of Indiana, Third District.

Transfer Denied September 11, 1984.

Attorney(s) appearing for the Case

Edward N. Kalamaros, Thomas Cohen, Edward N. Kalamaros & Associates, P.C., South Bend, for appellant-defendant J.C. Penney Co., Inc.

R. Kent Rowe, South Bend, for appellant-defendant Montgomery Elevator Co.

E. Spencer Walton, Jr., Robert J. Palmer, May, Oberfell, Helling, Lorber & Campiti, South Bend, for appellant-defendant Early Elevator Corp.

Gerald A. Kamm, Daniel A. Manion, Doran, Manion, Boynton, Kamm & Esmont, South Bend, for appellees-plaintiffs.

STATON, Presiding Judge.

ON PETITION FOR REHEARING

Although we have denied without opinion the petition for rehearing submitted by J.C. Penney, we have granted the petitions for rehearing submitted by Early Elevator Company and Montgomery Elevator Company to clarify which of the two parties will be involved in the new trial with Wesolek and Penney. Because of our determination, we will address each party separately.

As we stated in our original opinion...

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