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MOLDEX, INC. v. OGDEN HEALTH PRODUCTS

No. 4-485A103.

489 N.E.2d 130 (1986)

MOLDEX, INC., Appellant (Petitioner below), v. OGDEN HEALTH PRODUCTS, a Limited Partnership, Appellee (Plaintiff below), and Ogden Engineering Corporation, Appellee (Defendant below).

Court of Appeals of Indiana, Fourth District.

Rehearing Denied April 10, 1986.

Attorney(s) appearing for the Case

Timothy J. Walsh, Edward N. Kalamaros & Assoc., South Bend, for appellant.

Lester F. Murphy, Murphy, McAtee, Murphy & Costanza, East Chicago, for appellee.

YOUNG, Presiding Judge.

Moldex, Incorporated, petitioned to intervene in a breach of warranty action brought by Ogden Health Products against Ogden Engineering Corporation over defective goods. The trial court denied Moldex's petition, proceeded to trial, and awarded judgment in favor of Odgen Health Products. Moldex now appeals, claiming the trial court erred by:

1) denying its petition to intervene; and 2) scheduling a hearing to review the denial...

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