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ROTEC v. MURRAY EQUIPMENT

Nos. 92A03-9212-CV-387, 92A05-9302-CV-051.

626 N.E.2d 533 (1993)

ROTEC, Division of Orbitron, Inc., Appellant-(Third-Party Defendant below), v. MURRAY EQUIPMENT, Inc., Appellee-(Plaintiff below), and C & W Fabricating, Inc., Appellee-(Third-Party Plaintiff below).

Court of Appeals of Indiana, Third District.

Rehearing Denied February 16, 1994.

Attorney(s) appearing for the Case

Robert J. Palmer, D. Andrew Spalding, May, Oberfell & Lorber, South Bend, for appellant.

John H. Brandt, Thomas J. Galanis, Beckman, Lawson, Sandler Snyder & Federoff, Fort Wayne, for appellee Murray Equipment, Inc.

Mark W. Baeverstad, Kathleen A. Kilar, Hunt, Suedhoff, Borror & Eilbacher, Fort Wayne, for appellee C & W Fabricating, Inc.

HOFFMAN, Judge.

This is a permissive interlocutory appeal pursuant to Ind. Appellate Rule 4(B)(6). Two separately filed appeals stemming from the same transaction were consolidated for the convenience of the parties, allowing a single record to be filed for both actions. For purposes of review, the two appeals will be addressed separately. The parties in the action addressed herein are Rotec, Division of Orbitron, Inc. (Rotec) and C & W Fabricating, Inc. (C &...

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