MIDWEST FERTILIZER v. AG-CHEM EQUIPMENT

No. 4-1285 A 360.

510 N.E.2d 232 (1987)

MIDWEST FERTILIZER Co., Inc., Appellant (Third-Party Plaintiff below), v. AG-CHEM EQUIPMENT Company, Appellee (Third-Party Defendant below).

Court of Appeals of Indiana, Fourth District.

Rehearing Denied October 6, 1987.


Attorney(s) appearing for the Case

Stephen Hensleigh Thomas, Rick A. Cory, Statham, McCray, Thomas & Krohn, Evansville, for appellant.

Lee J. Hoefling, Rusk, Overton & Hoefling, Washington, for appellee.


YOUNG, Judge.

Midwest Fertilizer Company appeals a trial court judgment in favor of Ag-Chem Equipment Company. Midwest contends that it was entitled to a jury trial on its indemnity claim against Ag-Chem and that the trial court therefore erred in striking the jury over Midwest's objections.

Midwest is involved in the fertilizer spreading business. In 1982, several farmers filed suit against Midwest for misapplication of fertilizer. Midwest filed a third party...

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