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CRIVARO v. RADER

No. 2-1083A378.

469 N.E.2d 1184 (1984)

Russell J. CRIVARO, Appellant (Defendant and Counter-Claimant below), v. Daniel R. RADER, Appellee (Plaintiff and Counter-Defendant below).

Court of Appeals of Indiana, Second District.

October 23, 1984.

Attorney(s) appearing for the Case

Peter G. Tamulonis, Donald L. Dawson, Indianapolis, for appellant.

Stephen W. Terry, Jr., Brent D. Taylor, Indianapolis, for appellee.

SHIELDS, Judge.

Russell Crivaro (Crivaro), defendant-counterclaimant, appeals the trial court's grant of Daniel Rader's (Rader) motion for partial summary judgment limiting Crivaro's damages on his counterclaim against Rader.

The issue on appeal is whether a defendant-counterclaimant may recover damages in excess of the damages recovered by plaintiff when the statute of limitations for filing an independent action...

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