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PROGRESSIVE CONST. AND ENG. CO., INC. v. IND. & MICH. ELEC. CO., INC.

No. 77A01-8805-CV-161.

533 N.E.2d 1279 (1989)

PROGRESSIVE CONSTRUCTION AND ENGINEERING CO., Inc., Appellant, v. INDIANA AND MICHIGAN ELECTRIC CO., Inc., Appellee.

Court of Appeals of Indiana, First District.

February 15, 1989.

Attorney(s) appearing for the Case

Eric A. Frey, Frey, Hunt, Hassler & Lorenz, Terre Haute, James R. Monk, Sullivan, for appellant.

R. Steven Johnson, Sacopulos, Johnson & Hahn, Terre Haute, E.D. Powell, Powell, Springer & Elmore, Sullivan, for appellee.

RATLIFF, Chief Judge.

STATEMENT OF THE CASE

Progressive Construction and Engineering Co., Inc. appeals the judgment of the trial court granting summary judgment in favor of Indiana and Michigan Electric, Co., Inc. We affirm in part, reverse in part, and remand for proceedings consistent with this opinion.

FACTS

On April 14, 1976, Indiana and Michigan Electric Co., Inc. (I and M) and Progressive Construction and Engineering Co., Inc. (Progressive...

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