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INSUL-MARK MIDWEST v. MODERN MATERIALS

No. 43A04-9104-CV-00101.

594 N.E.2d 459 (1992)

INSUL-MARK MIDWEST, Inc., an Indiana Corporation, and Kor-It Sales, Inc., an Indiana Corporation, Appellants-Plaintiffs below, v. MODERN MATERIALS, Inc., Appellee-Defendant below.

Court of Appeals of Indiana, Third District.

June 16, 1992.

Attorney(s) appearing for the Case

Frank E. Tolbert, John S. Damm, Logansport, for appellants-plaintiffs.

R. Kent Rowe, Rowe, Foley & Huelat, South Bend, for appellee-defendant.

STATON, Judge.

Insul-Mark Midwest, Inc. and Kor-It Sales, Inc. bring this interlocutory appeal from a partial summary judgment for Modern Materials, Inc., raising three issues for our review, which we consolidate into two:

I. Whether the trial court erred in finding that the contract in question was one for services, thus bringing it outside of the purview of Article 2 of the Uniform Commercial Code. II. Whether the trial court erred in finding...

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