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NORTHERN IND. PUB. SERVICE v. FATTORE CONST.

No. 3-885A211.

486 N.E.2d 633 (1985)

NORTHERN INDIANA PUBLIC SERVICE COMPANY, Plaintiff-Appellant, v. FATTORE CONSTRUCTION COMPANY, Defendant-Appellee.

Court of Appeals of Indiana, Third District.

December 19, 1985.

Attorney(s) appearing for the Case

Edward P. Grimmer, Barber & Sorbello, P.C., Crown Point, for plaintiff-appellant.

Harold G. Hagberg, Spangler, Jennings, Spangler & Dougherty, P.C., Merrillville, for defendant-appellee.

GARRARD, Judge.

The construction company was engaged in constructing sanitary sewers for the Town of St. John. On October 20, 1981 it allegedly damaged NIPSCO's electric transmission facilities which were buried in the easement where it was excavating. NIPSCO repaired the damage on October 20th or October 21st. On October 26, 1983 NIPSCO commenced this suit for damages arising from the incident. The trial court granted summary judgment on the basis that the two year...

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