JWP ZACK, INC. v. HOOSIER ENERGY RURAL ELEC. COOPERATIVE, INC.

No. 42A01-9710-CV-339.

709 N.E.2d 336 (1999)

JWP ZACK, INC., Appellant-Defendant, v. HOOSIER ENERGY RURAL ELECTRIC COOPERATIVE, INC., Appellee-Plaintiff.

Court of Appeals of Indiana.

April 13, 1999.


Attorney(s) appearing for the Case

John E. Sparling, London Fischer, New York, New York, Susan R. Brooke, Ice Miller Donadio & Ryan, Indianapolis, Indiana, Attorneys for Appellant.

Rabb Emison, Robert P. Doolittle, Jr., Emison Doolittle Kolb & Roellgen, Vincennes, Indiana, R. Dennis Withers, G. Terrell Davis, Robins Kaplan Miller & Ciresi, Atlanta, Georgia, Attorneys for Appellee.


OPINION

SHARPNACK, Chief Judge.

JWP Zack, Inc. ("Zack") appeals the trial court's denial of its motion for partial summary judgment and its motion to compel the production of certain evidence. Zack raises two issues which we restate as:

(1) is there a genuine issue of material fact as to whether the limitation of liability clause contained in a 1990 agreement ("Mother Agreement") limits any liability Zack might have to Hoosier Energy Rural Electric...

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