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NICHOLS v. KIRKPATRICK MANAGEMENT CO.

No. 49A02-8803-CV-104.

536 N.E.2d 565 (1989)

Donald E. NICHOLS, Plaintiff-Appellant, v. KIRKPATRICK MANAGEMENT CO., Inc. Managing Agent for Roxbury Arms Horizontal Property Regime Defendant-Appellee.

Court of Appeals of Indiana, Third District.

April 19, 1989.

Attorney(s) appearing for the Case

Ronald L. Baker, Indianapolis, for plaintiff-appellant.

John A. Young, John D. Cochran, Jr., Young, Cochran & Reese, Indianapolis, for defendant-appellee.

GARRARD, Presiding Judge.

Donald Nichols appeals a motion to dismiss granted to Kirkpatrick management Company, Inc. (Kirkpatrick). We affirm.

A leak in the roof of Nichols' Roxbury Arms condominium damaged his personal property sometime prior to February 17, 1985. On April 13, 1987, Nichols filed a complaint for property damage against Kirkpatrick, the managing agents for Roxbury Arms condominiums.

Kirkpatrick responded by filing a motion to dismiss...

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