Civ. No. F 88-307.

742 F.Supp. 1448 (1990)

Robert C. RODENBECK, et al., Plaintiffs, v. MARATHON PETROLEUM COMPANY, Defendant and Counter-Claim Plaintiff, v. Robert C. RODENBECK, et al., Counter-Claim Defendants. MARATHON PETROLEUM COMPANY, Third-Party Plaintiff, v. KINZIE SUPER SERVICE, INC., an Indiana Corporation, Third-Party Defendant.

United States District Court, N.D. Indiana, Fort Wayne Division.

July 19, 1990.

Attorney(s) appearing for the Case

Max E. Hobbs, Fort Wayne, Ind., Jacqueline A. Simmons, L. Alan Whaley, Ice Miller Donadio & Ryan, Indianapolis, Ind., for plaintiffs.

Renee R. McDermott, Barnes & Thornburg, Indianapolis, Ind., Kim M. Spielman, Deborah Lawrence, Barnes & Thornburg, Fort Wayne, Ind., for Marathon Petroleum Co.

Daniel K. Leininger, Wesley N. Steury, Burt Blee Dixon & Sutton, Fort Wayne, Ind., for Zimmerman Excavating.

John H. Brandt, Fort Wayne, Ind., for Murray Equipment.

Kimberlie Antrim Forgey, Deputy Atty. Gen., Indianapolis, Ind., for State of Ind. Leaking Underground, etc.


WILLIAM C. LEE, District Judge.

This matter is before the court on motion for summary judgment filed by defendant Marathon Petroleum Company (Marathon) on December 28, 1989. The parties have fully briefed the issues and oral argument was held on June 7, 1990. For the following reasons the motion for summary judgment will be granted.

Summary Judgment

Summary judgment is proper "if the pleadings, depositions, answers to interrogatories...

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