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RIFFLE v. KNECHT EXCAVATING, INC.

No. 35A02-9312-CV-659.

647 N.E.2d 334 (1995)

Ralph B. RIFFLE, Jr., Appellant-Plaintiff, v. KNECHT EXCAVATING, INC., d/b/a Star Excavating, Knecht Excavating, Inc., Jeffrey J. Rittenhouse, Indiana Department of Transportation, State of Indiana, Appellees-Defendants.

Court of Appeals of Indiana, Third District.

Transfer Denied June 15, 1995.

Attorney(s) appearing for the Case

Frank J. Gray, Travis S. Friend, Beckman, Lawson, Sandler, Snyder & Federoff, Fort Wayne, for appellant.

Norman T. Funk, Michael G. Getty, Hill Fulwider McDowell Funk & Matthews, Indianapolis, for Knecht Excavating, Inc., d/b/a Star Excavating.

Edward L. Murphy, Jr., Mark E. Witmer, Miller Carson Boxberger & Murphy, Fort Wayne, for Jeffrey J. Rittenhouse.

Mark W. Baeverstad, Daniel J. Palmer, Hunt, Suedhoff, Borror & Eilbacher, Fort Wayne, for Indiana Dept. of Transp. and State of Ind.

OPINION

STATON, Judge.

Ralph Riffle ("Riffle") appeals the entry of summary judgment in favor of Knecht Excavating, Inc. d/b/a Star Excavating ("Star Excavating"), Jeffrey Rittenhouse ("Rittenhouse"), and the Indiana Department of Transportation ("Indiana"). Riffle raises two issues on appeal which we restate as follows:

I. Whether the trial court erred in granting summary judgment to Rittenhouse...

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