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BUILDERS SQUARE v. HAINES

No. 45A03-9710-CV-364.

696 N.E.2d 453 (1998)

BUILDERS SQUARE, a Subsidiary of Kmart, and Kmart, a Corporation, Appellants-Defendants, v. Daryle HAINES, Appellee-Plaintiff.

Court of Appeals of Indiana.

June 30, 1998.

Attorney(s) appearing for the Case

Gene A. Pinkus, Lawrence M. Hansen, Gregory M. Bokota, Thomas E. Rosta, Landau, Omahana & Kopka, Merrillville, for Appellants-Defendants.

J. Robert Vegter, Scott A. Loitz, Merrillville, for Appellee-Plaintiff.

OPINION

BAKER, Judge.

Today we are asked to determine whether Ind. Trial Rule 38(B) mandates that a demand for a jury trial be contained in a pleading. Appellants-defendants Builders Square, a subsidiary of Kmart, and Kmart (Kmart) appeal the trial court's judgment in favor of the appellee-petitioner Daryle Haines, contending that the court erred by denying its demand for a jury trial.

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