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INDIANA DEPT. OF TRANSP. v. McENERY

No. 71A04-0007-CV-280.

737 N.E.2d 799 (2000)

The INDIANA DEPARTMENT OF TRANSPORTATION and Cristine M. Klika, in Her Official Capacity as Commissioner of the Indiana Department of Transportation, Appellants-Defendants/Counterclaim-Plaintiffs, v. William J. McENERY and Len McEnery, Appellees-Third Party Counterclaim-Defendants.

Court of Appeals of Indiana.

October 23, 2000.

Attorney(s) appearing for the Case

Forrest Bowman, Jr., Bowman, Cosby & Bowman, Indianapolis, Indiana, Carmen M. Piasecki, Nickle & Piasecki, South Bend, Indiana, Attorneys for Appellants.

Wendell W. Walsh, Robert J. Palmer, May, Oberfell & Lorber, South Bend, Indiana, Duane M. Kelley, W. Gordon Dobie, Winston & Strawn, Chicago, Illinois, Attorneys for Appellees.

OPINION

RILEY, Judge

STATEMENT OF THE CASE

Appellants-Defendants/Counterclaim-Plaintiffs, Indiana Department of Transportation and Cristine M. Klika, in her official capacity as Commissioner of the Indiana Department of Transportation (collectively referred to as "INDOT"), appeals the trial court's grant of summary judgment in favor of Appellees-Third-Party Counterclaim-Defendants, William J. McEnery and Len McEnery (hereinafter collectively...

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