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HORNER v. TILTON

No. 49A02-9412-CV-00748.

650 N.E.2d 759 (1995)

Greg HORNER and Marqetta Horner, Appellants, v. Robert TILTON and Mailboxes and Parcel Depot, Inc., Appellees.

Court of Appeals of Indiana.

Rehearing Denied July 7, 1995.

Transfer Denied November 15, 1995.

Attorney(s) appearing for the Case

Gordon B. Dempsey, P.C., Indianapolis, for appellants.

Jeffrey C. McDermott, Krieg DeVault Alexander & Capehart, Indianapolis, for appellees.

OPINION

FRIEDLANDER, Judge.

Greg and Marqetta Horner appeal an order granting a motion to dismiss their tort and breach of contract action against Robert Tilton and Mailboxes and Parcel Depot, Inc. (hereinafter referred to as "Mailboxes"). The Horners present the following restated issues for review:

I. Did the court err in concluding that the agreement between the Horners and Mailboxes did not create a franchise? II. Did the court err...

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