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MOLARGIK v. WEST ENTERPRISES, INC.

No. 57A05-9206-CV-00177.

605 N.E.2d 1197 (1993)

Aloysius A. MOLARGIK and Marilyn A. Molargik, Appellant-Defendant, v. WEST ENTERPRISES, INC., d/b/a Steve West Motors, Appellee-Plaintiff.

Court of Appeals of Indiana, Fifth District.

January 19, 1993.

Attorney(s) appearing for the Case

Howard F. Hanson, Emerick & Diggins, P.C., Kendallville, for appellant-defendant.

Jon C. Owen, Craft & Owen, Kendallville, for appellee-plaintiff.

SHARPNACK, Chief Judge.

Aloysius and Marilyn Molargik ("Molargiks") appeal from a judgment of $7,600.94 entered for West Enterprises, Inc. d/b/a Steve West Motors ("West") on West's nuisance claim against the Molargiks. We affirm.

The Molargiks raise two issues, which we restate as:

1. Did the Molargiks waive their contention that they were protected under I.C. § 34-1-52-4(f) by failing to affirmatively plead that statutory section as a defense...

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