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HEATH v. WAL-MART STORES, INC.

No. NA99-63-C B/S.

113 F.Supp.2d 1294 (2000)

Terry HEATH, et al., Plaintiffs, v. WAL-MART STORES, INC., et al., Defendants.

United States District Court, S.D. Indiana, New Albany Division.

September 26, 2000.

Attorney(s) appearing for the Case

Peter M. Burrell, Schwartz Manes & Ruby, Cincinnati, OH, Daniel J. Temming, Robbins Kelly Patterson & Tucker, Cincinnati, OH, James L. Whitlatch, Bunger & Robertson, Bloomington, IN, for Plaintiffs.

Larry L. Eaton, Eaton & Romweber, Versailles, IN, Peter J. Sewell, Sewell & Associates, Louisville, KY, James I. Weprin, Froelich & Weprin Co., Dayton, OH, for Defendants.

ENTRY DENYING SUMMARY JUDGMENT TO DEFENDANT WAL-MART AND GRANTING SUMMARY JUDGMENT TO DEFENDANTS CESO AND CLEVELAND

BARKER, Chief Judge.

In 1994 and 1995, Defendant Wal-Mart Stores, Inc. ("Wal-Mart") developed and executed plans to build a retail store, parking lot and access roads in Dearborn County, Indiana. Wal-Mart contracted with Defendant C.E.S.O., Inc. ("CESO") to produce a civil site plan for this construction project. Defendant Cleveland...

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