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McGRAW-EDISON v. NORTHEASTERN RURAL ELEC.

No. 35S04-9507-CV-800.

678 N.E.2d 1120 (1997)

McGRAW-EDISON COMPANY, Appellant, v. NORTHEASTERN RURAL ELECTRIC MEMBERSHIP CORPORATION, Appellee.

Supreme Court of Indiana.

April 22, 1997.

Attorney(s) appearing for the Case

Richard E. Steinbronn, D. Randall Brown, Barnes & Thornburg, Fort Wayne, for Appellant.

Peter L. Obremskey, Parr Richey Obremskey & Morton, Lebanon, Stanley H. Matheny, Matheny, Michael, Hahn & Bailey, Huntington, for Appellee.

ON PETITION TO TRANSFER

BOEHM, Justice.

The parties are buyer and seller of a piece of equipment under an agreement that included a limitation of liability among its "Standard Terms and Conditions." This case deals with the ability of such a provision to limit the seller's liability under Indiana's Product Liability Act. We hold that the waiver in this case was ineffective.

In 1978, Northeastern Rural Electric Membership Corp. (Northeastern) purchased...

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