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PEKIN INS. v. CHARLIE ROWE CHEVROLET

No. 75A03-8909-CV-376.

556 N.E.2d 1367 (1990)

PEKIN INSURANCE COMPANY, Defendant-Appellant, v. CHARLIE ROWE CHEVROLET, Inc., Plaintiff-Appellee.

Court of Appeals of Indiana, Third District.

July 25, 1990.

Attorney(s) appearing for the Case

Donald K. Travis, Roy D. Burbrink, Stevens, Travis, Fortin, Lukenbill & Burbrink, Plymouth, for defendant-appellant.

Charles W. Weaver, Nichols, Wallsmith & Weaver, Knox, for plaintiff-appellee.

GARRARD, Judge.

Pekin Insurance Company (hereinafter Pekin) appeals the order of the Starke Circuit Court granting the motion of Charlie Rowe Chevrolet, Inc. (hereinafter Rowe) for summary judgment in an action for declaratory judgment. Pekin raises three issues which we combine and restate as follows:

1. Whether the trial court erred in granting Rowe's motion for summary judgment when it considered a supplemental affidavit that Pekin did not receive until...

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