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MAYNARD v. FLANAGIN BROS., INC.

No. 3-1084 A 273.

484 N.E.2d 71 (1985)

Jeffrey MAYNARD and Patricia Maynard, Appellants, v. FLANAGIN BROTHERS, Inc., Appellee.

Court of Appeals of Indiana, Third District.

October 24, 1985.

Attorney(s) appearing for the Case

Michael S. Baechle, Patrick J. Dougherty, Spangler, Jennings, Spangler & Dougherty, P.C., Merrillville, for appellants.

F. Joseph Jaskowiak, Hoeppner, Wagner & Evans, Valparaiso, for appellee.

STATON, Presiding Judge.

Maynard appeals from a summary judgment in favor of Flanagin Brothers. Two issues are presented for our review:

I. What statute did the Indiana Department of Labor rely upon for its authority to pass construction industry regulations? II. Does the statute relied upon by the Department of Labor actually grant that power to the Department?

Reversed.

When the sides of a 16 foot deep trench collapsed, Maynard...

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