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CITY OF GARY v. IND. BELL TELEPHONE CO.

No. 45A03-9808-CV-333.

711 N.E.2d 79 (1999)

CITY OF GARY, Indiana, Appellant-Defendant, v. INDIANA BELL TELEPHONE COMPANY, INCORPORATED, d/b/a Ameritech Indiana, Appellee-Plaintiff.

Court of Appeals of Indiana.

June 23, 1999.

Attorney(s) appearing for the Case

Gilbert King, Jr., Gary, Indiana, William Malone, Miller & Van Eaton, Washington, D.C., Attorneys for Appellant.

Michael R. Fruehwald, Daniel W. McGill, Nicholas K. Kile, Barnes & Thornburg, Indianapolis, Indiana, A. David Stippler, Ameritech Indiana, Indianapolis, Indiana, James L. Wieser, Randy H. Wyllie, Wieser & Sterba, Schererville, Indiana, Attorneys for Appellee.

OPINION

STATON, Judge

The City of Gary ("the City") appeals the trial court's grant of summary judgment in favor of Indiana Bell Telephone Company, Inc. d/b/a Ameritech Indiana ("Ameritech Indiana") and the denial of its cross-motion for summary judgment. The City raises one issue on appeal, which we restate as: whether the trial court erred in granting summary judgment for Ameritech Indiana and denying summary...

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