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  5. 653 N.E.2d 95 (1995)
 

HAIMBAUGH LANDSCAPING, INC. v. JEGEN

No. 49A02-9407-CV-452.

653 N.E.2d 95 (1995)

HAIMBAUGH LANDSCAPING, INC., Appellant (Plaintiff), v. Lawrence A. JEGEN, III, and, Janet M. Jegen, Appellees/Cross Appellants (Defendants).

Court of Appeals of Indiana.

Rehearing Denied August 18, 1995.

Attorney(s) appearing for the Case

Jack Hittle, Church Church Hittle & Antrim, Noblesville, for appellant.

James E. Freeman, Jr., John W. Longnaker, III, Sansberry Dickmann Freeman & Builta, Anderson, for appellees cross-appellants.

OPINION

SULLIVAN, Judge.

Haimbaugh Landscaping, Inc. (Haimbaugh) appeals the trial court's grant of summary judgment in favor of Lawrence A. Jegen, III, and Janet M. Jegen (the Jegens) upon their second motion for summary judgment. The Jegens cross appeal the trial court's denial of their first motion for summary judgment.1 We reverse in part and affirm in part.

This case presents two issues:

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