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BALA v. CITY OF INDIANAPOLIS

No. 49A02-9607-CV-471.

682 N.E.2d 573 (1997)

Genesan BALA and Raji Bala, Appellants-Plaintiffs, v. The CITY OF INDIANAPOLIS, Indiana, Indiana Bell Telephone Company, Inc., and Neitzel Trenching, Appellees-Defendants.

Court of Appeals of Indiana.

July 14, 1997.

Attorney(s) appearing for the Case

Kevin E. DeVille, The Law Office of Stanley Kahn, Indianapolis, for Appellants-Plaintiffs.

David W. Hamilton, Thomas G. Robbin, Rowe & Hamilton, Indianapolis, for Appellee-Defendant Indiana Bell Telephone Company, Inc.

OPINION

FRIEDLANDER, Judge.

Genesan and Raji Bala appeal from a grant of summary judgment in favor of Indiana Bell Telephone Company, Inc. (Bell Telephone) in the Balas' negligence action against the City of Indianapolis, Bell Telephone, and Neitzel Trenching, Inc. The Balas contend upon appeal that the court erred in granting summary judgment in favor of Bell Telephone.

We reverse.

The facts favorable to the Balas, the nonmoving party, are...

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