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MILLER v. GRAND TRUNK WESTERN R.R., INC.

No. 64A05-9907-CV-320.

727 N.E.2d 488 (2000)

Daniel MILLER and Polly Miller, Appellants-Plaintiffs, v. GRAND TRUNK WESTERN RAILROAD, INC., Appellee-Defendant.

Court of Appeals of Indiana.

April 26, 2000.

Attorney(s) appearing for the Case

Fred M. Cuppy, Kathryn D. Schmidt, Lily M. Schaefer, Burke, Costanza & Cuppy, LLP, Merrillville, Indiana, Attorneys for Appellant.

Claire Konopa Aigotti, Robert J. Konopa, Konopa & Murphy, P.C., South Bend, Indiana, Attorneys for Appellee.

OPINION

ROBB, Judge.

Daniel and Polly Miller (collectively referred to as the "Millers") appeal from the trial court's grant of partial summary judgment in favor of Grand Trunk Western Railroad Company ("Grand Trunk") and also the trial court's denial of their motion to strike an affidavit submitted in support of the motion. We affirm.

Issues

The Millers present two issues for our review, which we restate as follows:

1. Whether...

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