DON WEBSTER CO. v. INDIANA WESTERN EXP.

No. IP99-1611-C-B/S.

186 F.Supp.2d 958 (2002)

The DON WEBSTER COMPANY, INC., Plaintiff, v. INDIANA WESTERN EXPRESS, INC., Defendant.

United States District Court, S.D. Indiana, Indianapolis Division.

February 1, 2002.


Attorney(s) appearing for the Case

James A. Dressman III, Deters Benzinger & Lavelle, Covington, KY, Brett R. Fleitz, Kroger Gardis & Regas, Indianapolis, IN, for Plaintiff.

Robert L Browning, Scopelitis Garvin Light & Hanson, Indianapolis, IN, for Defendant.


ORDER DENYING PLAINTIFF'S SUPPLEMENTAL MOTION FOR PARTIAL SUMMARY JUDGMENT AND GRANTING DEFENDANT'S MOTION FOR PARTIAL SUMMARY JUDGMENT

BARKER, District Judge.

Plaintiff, The Don Webster Company, Inc. ("Webster"), sues Defendant, Indiana Western Express, Inc. ("IWX") for breach of contract. Defendant asserts the affirmative defense of accord and satisfaction. On August 24, 2001, the Court denied cross motions for summary judgment on this issue. The Don...

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