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MICKLE v. KIRK

No. 49A04-8907-CV-304.

565 N.E.2d 1161 (1991)

George C. MICKLE, Appellant (Defendant below), v. Mildred KIRK, Individually, Mildred Kirk d/b/a Kirk Funeral Home, Mildred Kirk, Executrix for the Estate of Ethel Rice, Deceased and All Tenants & Occupants of 535 West 25TH Street, Indianapolis, in, Appellees (Plaintiffs below).

Court of Appeals of Indiana, Fourth District.

January 31, 1991.

Attorney(s) appearing for the Case

Reginald B. Bishop, Roberts & Bishop, Indianapolis, for appellant.

Robert A. Claycombe, Kothe, Claycombe, Kortepeter & McPherson, Indianapolis, for appellees.

ON PETITION FOR REHEARING

CONOVER, Judge.

We address one issue raised by Kirk in her petition for rehearing and accordingly, modify our previous opinion. In our original opinion, we awarded Mickle the value of the breezeway as an improvement and remanded the matter back to the trial court to determine its value. 558 N.E.2d 1119. In her petition for rehearing, Kirk calls to our attention the fact Mickle did not construct...

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