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CORNELL HARBISON EXCAVATING, INC. v. MAY

No. 10A04-8801-CV-22.

530 N.E.2d 771 (1988)

CORNELL HARBISON EXCAVATING, INC., Appellant (Defendant below), v. Gregory D. MAY and Cherie L. May, Appellees (Plaintiffs below).

Court of Appeals of Indiana, Fourth District.

Rehearing Denied March 13, 1989.

Attorney(s) appearing for the Case

Richard G. Segal, George M. Streckfus, Segal and Shanks, Jeffersonville, for appellant.

Edwin S. Sedwick, Sedwick & Sedwick, Jeffersonville, for appellees.

CONOVER, Presiding Judge.

Defendant-Appellant Cornell Harbison Excavating, Inc. (Harbison) appeals the trial court's decision to strike its nonparty defense in this suit filed against it by Greg and Cherie May (Mays).

We affirm.

Harbison presents two issues for our review. Restated, they are:

1. whether a party pleading the Indiana Comparative Fault Act's nonparty defense must specifically name the nonparty, and

2. whether Indiana Rules...

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