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GREGORY AND APPEL, INC. v. DUCK

No. 2-282A50.

459 N.E.2d 46 (1984)

GREGORY AND APPEL, INC., Appellant (Plaintiff below), v. Donald C. DUCK, Jane K. Duck, Thomas S. Duck, Junia F. Duck, Berkley W. Duck, Individually, and d/b/a Colonial Apartments, Appellees (Defendants below).

Court of Appeals of Indiana, Second District.

January 23, 1984.

Attorney(s) appearing for the Case

William A. Waddick, Willis K. Kunz, Kunz & Kunz, Indianapolis, for appellant.

Steven C. Robinson, Lowe, Gray, Steele & Hoffman, Indianapolis, for appellees.

SULLIVAN, Judge.

This appeal, based upon a contract action, is from a judgment on the pleadings pursuant to an Indiana Trial Rule 12(C) motion filed by defendants. Appellant, Gregory and Appel, assigns as error the following:

1) That the grant of judgment on the pleadings by the trial court was actually a Trial Rule 12(B)(6) dismissal for failure to state a claim upon which relief may be granted, thereby affording to appellant, its absolute right to amend...

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