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BORNE BY BORNE v. N.W. ALLEN COUNTY SCHOOL CORP.

No. 02A03-8801-CV-17.

532 N.E.2d 1196 (1989)

Amanda BORNE, by Next Friend Bruce Borne and Marilou Borne, Plaintiffs-Appellants, v. NORTHWEST ALLEN COUNTY SCHOOL CORPORATION AND ITS EMPLOYEES, Ellen West and Gilbert Baumgartner, Rita Michael, Lena Lindsey and Steven Fair, Defendants-Appellees.

Court of Appeals of Indiana, Third District.

January 17, 1989.

Attorney(s) appearing for the Case

Solomon L. Lowenstein, Jr., Roger W. Hultquist, Fort Wayne, for plaintiffs-appellants.

Mark W. Baeverstad, Hunt, Suedhoff, Borror & Eilbacher, Fort Wayne, for defendants-appellees.

GARRARD, Presiding Judge.

The plaintiff, Amanda Borne (Amanda), by and through her next friend and her parents Bruce and Marilou Borne, appeals a decision of the Allen County Superior Court that granted summary judgment in favor of the defendant school corporation, teacher and principal.

I. Issues

This case presents the following issues:

a. Whether the school corporation waived its affirmative defense of discretionary act-based governmental...

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