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RHEEM MFG. CO. v. PHELPS HEATING & AIR CONDITIONING, INC.

No. 49A02-9807-CV-620.

714 N.E.2d 1218 (1999)

RHEEM MANUFACTURING COMPANY, Appellant-Defendant, v. PHELPS HEATING & AIR CONDITIONING, INC., Appellee-Plaintiff.

Court of Appeals of Indiana.

Rehearing Denied October 28, 1999.

Attorney(s) appearing for the Case

Stephen L. Vaughan, Thomas J. Campbell, Robert W. Wright, Locke Reynolds Boyd & Weisell, Indianapolis, Indiana, Attorneys for Appellant.

Robert A. Garelick, Bryan S. Redding, Cohen, Garelick & Glazier, Indianapolis, Indiana, Attorneys for Appellee.

OPINION

BROOK, Judge.

Case Summary

Appellant-defendant Rheem Manufacturing Company ("Rheem") appeals from the trial court's partial denial of its motion for summary judgment. Specifically, Rheem appeals the trial court's determination that there are genuine issues of material fact as to whether an exclusive remedy in the sales contract between Rheem and appellee-plaintiff Phelps Heating and Cooling, Inc. ("Phelps") failed of its essential purpose...

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