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MAPLETURN UTILITIES v. FOXCLIFF SO. ASSOC.

No. 55A04-9603-CV-107.

673 N.E.2d 5 (1996)

MAPLETURN UTILITIES, INC., Appellant (Defendant and Counter-Plaintiff), v. FOXCLIFF SOUTH ASSOCIATES, INC., Appellee (Plaintiff and Counter-Defendant).

Court of Appeals of Indiana.

Rehearing Denied January 16, 1997.

Attorney(s) appearing for the Case

Thomas R. Ruge, Todd A. Richardson, and Pamela H. Sherwood, Lewis & Kappes, Indianapolis, for Appellant.

Stephen A. Oliver, Boren & Oliver, Martinsville and Ronald Tedrow, Indianapolis, for Appellee.

OPINION

DARDEN, Judge.

STATEMENT OF THE CASE

Mapleturn Utilities, Inc. appeals the summary judgment granted Foxcliff South Associates, Inc. (FSA) on FSA's complaint for breach of contract.

We reverse and remand.

FACTS

In the early 1980's, a private utility company, Summit City Utilities, Inc., provided water and sewer services to an area north of Martinsville which...

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