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MCD v. ATLAS EXCAVATING, INC.

No. 45A05-0010-CV-417.

764 N.E.2d 718 (2002)

MERRILLVILLE CONSERVANCY DISTRICT, by the District's BOARD OF DIRECTORS, Appellants-Cross Appellees; Plaintiffs/Counter-Claim Defendants/and Cross-Claim Defendants, v. ATLAS EXCAVATING, INC.; Employers Insurance of Wausau; Wausau Insurance Companies; and Wausau Nationwide Insurance Group, Appellees-Cross Appellants; Defendants/Counter-Claim Plaintiffs/Cross-Claim Defendants.

Court of Appeals of Indiana.

March 8, 2002.

Attorney(s) appearing for the Case

William L. Touchette, Merrillville, IN, Attorney for Appellants.

J. Michael Cavosie, Indianapolis, IN, Attorney for Appellees.

OPINION

RATLIFF, Senior Judge.

STATEMENT OF THE CASE

Plaintiff-Appellant Merrillville Conservancy District, by the District's Board of Directors ("MCD") appeals the trial court's determination in its action against Defendants-Appellees Atlas Excavating, Inc. ("Atlas"), Employer's Insurance of Wausau, Wausau Insurance Companies, and Wausau Nationwide Insurance Group.1

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