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IND. CONST. SERV. INC. v. AMOCO OIL CO.

No. 37A04-8808-CV-259.

533 N.E.2d 1300 (1989)

INDIANA CONSTRUCTION SERVICE, Inc., Appellant (Defendant below), v. AMOCO OIL COMPANY, Appellee (Plaintiff below).

Court of Appeals of Indiana, Fourth District.

February 16, 1989.

Attorney(s) appearing for the Case

Frederick H. Link, Eichhorn, Eichhorn & Link, Hammond, for appellant.

Joel C. Levy, Michael D. Sears, Singleton, Levy & Crist, Highland, for appellee.

CONOVER, Presiding Judge.

Defendant-Appellant Indiana Construction Service, Inc. (Indiana Construction) appeals the trial court's use of Amoco Oil Company's (Amoco) response to Indiana Construction's Trial Rule 36 request for admissions in awarding summary judgment in favor of Amoco.

We reverse and remand.

The issue here is

whether a T.R. 36 admission binds the party requesting the admission.

Indiana Construction contracted with Amoco...

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