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BEIGER HERITAGE CORP. v. KILBEY

No. 71A03-9604-CV-129.

676 N.E.2d 784 (1997)

BEIGER HERITAGE CORPORATION, Appellant, v. Mark KILBEY and the Estate Of George D. Kilbey, Deceased, Appellee.

Court of Appeals of Indiana.

February 25, 1997.

Attorney(s) appearing for the Case

Anastasia M. Mayette, Wilfred J. Mayette, Mayette & Mayette, Mishawaka, for Appellant.

James P. Knepp, William L. Wilson, Hahn, Walz, Knepp and Dvorak, South Bend, for Appellee.

OPINION

STATON, Judge.

Beiger Heritage Corporation ("Beiger"), plaintiff below, appeals the trial court's granting of summary judgment in favor of Mark Kilbey and the Estate of George D. Kilbey (collectively "Kilbey"). Beiger presents three issues for review:

I. Whether the grant of summary judgment was erroneous because Kilbey did not comply with the Indiana Trial Rule 56(C) requirement of specifically designating evidence in their motion for summary...

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