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INDIANA GROCERY v. CROSBY PROPERTIES

No. 30A01-9105-CV-132.

578 N.E.2d 780 (1991)

INDIANA GROCERY Company, Inc., Appellant-Defendant-Cross-Defendant, v. CROSBY PROPERTIES Company, an Illinois General Partnership, National Tea Company and National Tea Company Employees Pension Plan, Appellees-Defendants-Cross-Plaintiffs, City of Indianapolis, by and through the Department of Transportation, Appellee-Non-Appealing Plaintiff.

Court of Appeals of Indiana, First District.

Rehearing Denied November 1, 1991.

Attorney(s) appearing for the Case

Stephen M. Terrell, Zeff A. Weiss, Ice Miller Donadio & Ryan, Indianapolis, for appellant-defendant-cross-defendant.

George B. Davis, Davis & Davis, Greenfield, for appellees-defendants-cross-plaintiffs.

RATLIFF, Chief Judge.

STATEMENT OF THE CASE

Indiana Grocery Company, Inc. (Grocery) appeals from a grant of summary judgment for Crosby Properties Company, an Illinois General Partnership, National Tea Company and National Tea Company Employees Pension Plan (Crosby) in an action to award sums received as a result of a condemnation action by the City of Indianapolis, by and through the Department of Transportation (City). We reverse and remand.

ISSUE...

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