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BD. OF PUBLIC WORKS CITY OF HAMMOND v. STATE EX RE. L. COSBY BERNARD AND CO.

No. 37A03-9005-CV-214.

565 N.E.2d 769 (1991)

THE BOARD OF PUBLIC WORKS CITY OF HAMMOND, Indiana, and Each of Its Members, David Weigle, Stanley Dostatni, and Richard Mikola; Thomas McDermott, As Mayor of the City of Hammond; Gerald Bobos, As Clerk of the City of Hammond; the Common Council of the City of Hammond, Indiana, and Each of Its Members, Edward Repay, Robert Markovich, Gerald Mazur, Janet Moran, Pete Torres, John Parrish, Bernard Strbjak, Robert Golec, and Charles Pettersen, Appellants (Defendants below), v. State of Indiana, ex rel., L. COSBY BERNARD and Company, Appellee (Plaintiff below).

Court of Appeals of Indiana, Third District.

Transfer Denied June 18, 1991.

Attorney(s) appearing for the Case

Richard P. Komyatte, Alfred R. Uzis, Komyatte & Freeland, P.C., Highland, for appellants.

Stephen M. Maish, Patrick A. Mysliwy, Maish & Mysliwy, Hammond, for appellee.

HOFFMAN, Presiding Judge.

The Board of Public Works, City of Hammond, appeals the trial court's denial of its motion to dismiss and grant of Bernard and Company's motion for summary judgment.

The facts of this case were summarized in Bd. of Public Works v. L. Cosby Bernard & Co. (1988), Ind. App., 528 N.E.2d 93, 94:

"In 1972, L. Cosby Bernard and Company contracted with the City to provide architectural...

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