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KIRCHOFF v. SELBY

No. 26A01-9601-CV-34.

688 N.E.2d 1284 (1997)

Ralph KIRCHOFF and Wilma Kirchoff, Appellants/Cross-Appellees-Defendants/Counterclaimants, v. Jeff W. SELBY and Daniel L. Selby, Appellees/Cross-Appellants-Plaintiffs/Counterdefendants.

Court of Appeals of Indiana.

December 10, 1997.

Attorney(s) appearing for the Case

Patrick A. Shoulders, Robert L. Burkart, Ziemer, Stayman, Weitzel & Shoulders, Evansville, for Appellants/Cross-Appellees-Defendants/Counterclaimants.

Dean E. Richards, Indianapolis, for Appellees/Cross-Appellants-Plaintiffs/Counterdefendants.

OPINION ON REHEARING

BAKER, Judge.

Appellant-defendants Ralph and Wilma Kirchoff have petitioned this court for rehearing, arguing, among other things, that we improperly addressed an issue in our opinion that was not raised by the parties on appeal. In our opinion, 686 N.E.2d 121, we stated, in pertinent part, as follows:

As a result, we hold that the Selbys can maintain a cause of action against the Kirchoffs...

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