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BUFFINGTON v. METCALF

No. IP 93-839-C.

883 F.Supp. 1194 (1994)

Clayton BUFFINGTON, Jr., as Executor of the Estate of Mary Ellen Buffington, and Clayton Buffington, Jr., Plaintiff, v. Donnie METCALF, Robert J. Kuntz, d/b/a Village Bar and Restaurant, and Robert Metcalf, Defendants.

United States District Court, S.D. Indiana, Indianapolis Division.

July 18, 1994.

Attorney(s) appearing for the Case

Thomas R. Koustmer, Theodore J. Froncek, Cincinnati, OH.

M. Joseph Kisor, Lawrenceburg, IN.

Keith A. Kinney, Hill Fulwider McDowell Funk & Matthews, P.C., Indianapolis, IN.

Kevin W. Ault, Rushville, IN.

Mark J. Roberts, Kevin C. Schiferl, Locke Reynolds Boyd & Weisell, Indianapolis, IN.

MEMORANDUM ENTRY

BARKER, Chief Judge.

This matter is before the Court on the motion for summary judgment of defendant Robert J. Kuntz d/b/a Village Bar and Restaurant. For the reasons stated below, the motion is denied.1

I. Background

This diversity action brought by Clayton Buffington, Jr. ("Buffington") in his individual capacity and as executor of the Estate of Mary Buffington, his late wife, seeks damages...

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