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BERKEL & CO. CONTRACTORS, INC. v. PALM & ASSOC., INC.

No. 71A03-0307-CV-294.

814 N.E.2d 649 (2004)

BERKEL & COMPANY CONTRACTORS, INC., Appellant-Defendant, v. PALM & ASSOCIATES, INC., Appellee-Plaintiff.

Court of Appeals of Indiana.

September 8, 2004.

Attorney(s) appearing for the Case

Sean E. Kenyon, Robert J. Konopa, Konopa Reagan & Kenyon, South Bend, IN, Attorneys for Appellant.

Robert J. Palmer, Jeffery A. Johnson, Richard F. Nugent, Jr., May Oberfell & Lorber, South Bend, IN, Attorneys for Appellee.

OPINION

SHARPNACK, Judge.

Berkel & Company Contractors, Inc. ("Berkel") appeals the trial court's grant of partial summary judgment to Palm & Associates, Inc. ("Palm") on its breach of contract claim, the trial court's denial of Berkel's cross-motion for summary judgment, and the trial court's findings of fact and conclusions thereon awarding damages to Palm. Berkel raises three issues, which we consolidate and restate as:

I. Whether the...

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