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FRESH CUT, INC. v. FAZLI

No. 49S02-9505-CV-596.

650 N.E.2d 1126 (1995)

FRESH CUT, INC., Appellant, v. Bert FAZLI, Appellee.

Supreme Court of Indiana.

May 24, 1995.

Attorney(s) appearing for the Case

Michael V. Gooch, John S. Beeman, Ronald W. Frazier, Harrison & Moberly, and Karl L. Mulvaney and Tammy J. Meyer, Bingham Summers Welsh & Spilman, Indianapolis, for appellant Fresh Cut, Inc.

Timothy E. Hollingsworth, Henderson, Daily, Withrow, DeVoe and James P. Cavanaugh, III, Indianapolis, for appellee Bert Fazli.

ON PETITION TO TRANSFER

SULLIVAN, Justice.

This case grows out of a dispute between a warehouse's owner and tenant over responsibility for maintaining the fire protection sprinkler system. Where a municipal ordinance requires an owner of commercial property to maintain a fire protection sprinkler system, can the owner shift this responsibility to a tenant by written agreement? If so, did the lease at issue here shift this responsibility to the tenant? The...

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