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BARD ELEC. v. INSURANCE CO. OF NORTH AMERICA

No. 3-885-A-233.

494 N.E.2d 346 (1986)

BARD ELECTRIC, an Indiana Corporation, Jones Electric, an Indiana Corporation, and Jones-Bard Electric, Doing Business As a Joint Venture, Appellant (Plaintiff below), v. INSURANCE COMPANY OF NORTH AMERICA, a Pennsylvania Corporation; Schneider, Inc., a Pennsylvania Corporation; Dedelow-Schneider, a Joint Venture; and Gary Sanitary District, Gary, Indiana, Appellee (Defendant below).

Court of Appeals of Indiana, Third District.

Rehearing Denied August 19, 1986.

Attorney(s) appearing for the Case

Robert E. Stochel, John M. O'Drobinak, P.C., Crown Point, for appellant.

Kenneth D. Reed, Hammond, for Dedelow-Schneider, Inc.

Gary Wilcox, Peterson, Ross, Schloerb & Siedel, Chicago, Ill., for Insurance Co. of North America.

Julian B. Allen, Shropshire & Allen, Gary, for Gary Sanitary Dist.

Richard A. Hanning, Hammond, for Insurance Co. of North America.

STATON, Presiding Judge.

Bard Electric Company, Jones Electric, and Jones-Bard Electric (hereinafter collectively referred to as Bard) appeal the trial court's dismissal of their amended complaint. They raise two issues for review:

I. Did the trial court abuse its discretion when it found that Bard's complaint was not timely filed? II. Did the trial court err in dismissing Bard's complaint for failure to state a claim upon which relief could be...

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