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TIPPECANOE ASSOC. II, LLC v. KIMCO LAFAYETTE 671, INC.

No. 79A05-0302-CV-85.

811 N.E.2d 438 (2004)

TIPPECANOE ASSOCIATES II, LLC, Appellant-Defendant, v. KIMCO LAFAYETTE 671, INC., Appellee-Plaintiff.

Court of Appeals of Indiana.

July 6, 2004.

Attorney(s) appearing for the Case

Charles R. Vaughan, Linda H. Havel, Vaughan and Vaughan, Lafayette, IN, Attorneys for Appellant.

Stephen R. Pennell, Stuart & Branigin, LLP, Lafayette, IN, Attorney for Appellee.

OPINION

MAY, Judge.

Tippecanoe Associates II, LLC ("Tippecanoe") appeals the trial court's grant of declaratory judgment in favor of Kimco Lafayette 671, Inc. ("Kimco"). Tippecanoe raises two issues, which we reorder and restate as:

1. Whether the trial judge abused his discretion when he refused to recuse himself; and

2. Whether the trial court's declaratory judgment in favor of Kimco was clearly erroneous.1...

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