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WAGLER EXCAVATING v. McKIBBEN CONST.

No. 34A02-9606-CV-359.

679 N.E.2d 155 (1997)

WAGLER EXCAVATING CORPORATION, Appellants-Defendants, v. McKIBBEN CONSTRUCTION, INC., Appellee-Plaintiff.

Court of Appeals of Indiana.

Transfer Denied August 22, 1997.

Attorney(s) appearing for the Case

William C. Menges, Jr., Kokomo, for Appellants-Defendants.

Thomas J. Trauring, Fell, Megarvey, Trauring & Wilson, Kokomo, for Appellee-Plaintiff.

OPINION

ROBERTSON, Judge.

Wagler Excavating Corporation and Merlin E. Wagler [Wagler] appeal the entry of an injunction prohibiting Wagler from engaging in the excavating business in Howard County for a period of two years based upon the action brought by McKibben Construction, Inc. [McKibben] to enforce the restrictive covenant contained in a lease/partnership agreement. Wagler raises two issues; but, because one requires that we reverse, we address it...

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