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SIZEMORE v. TEMPLETON OIL CO., INC.

No. 50A04-9906-CV-244.

724 N.E.2d 647 (2000)

Austin SIZEMORE and Charlotte Sizemore, Appellants-Plaintiffs, v. TEMPLETON OIL COMPANY, INC., Town of Bremen and State of Indiana, Appellees-Defendants.

Court of Appeals of Indiana.

February 29, 2000.

Attorney(s) appearing for the Case

Edmond W. Foley, Foley & Small, South Bend, Indiana Attorney for Templeton Oil Company.

Phillip A. Renz, Miller Carson Boxberger & Murphy LLP, Fort Wayne, Indiana, Attorney for Town of Bremen.

Matthew A. Yeakey, Jason G. Ward, Daniels, Sanders, Pianowski, Todd & Thomas, Elkhart, Indiana, Attorney for Appellee.

OPINION

STATON, Judge.

Austin and Charlotte Sizemore ( the "Sizemores") appeal the trial court's grant of summary judgment in favor of the Town of Bremen ("Bremen") and Templeton Oil Company ("Templeton"). The Sizemores raise two issues on appeal, which we restate as:

I. Whether the trial court incorrectly granted summary judgment in favor of Bremen.

II. Whether the trial court incorrectly...

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