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RUST-OLEUM CORP. v. FITZ

No. 71A03-0303-CV-95.

801 N.E.2d 754 (2004)

RUST-OLEUM CORPORATION and ROC Sales, Inc., Appellants-Defendants, Third-Party Plaintiffs, v. Carl F. FITZ and Theresa Fitz, Appellees-Plaintiffs, and United States Can Company, Appellee-Third-Party Defendant.

Court of Appeals of Indiana.

Transfer Denied May 7, 2004.

Attorney(s) appearing for the Case

Robert J. Palmer, May Oberfell Lorber, South Bend, IN, Attorney for Appellants.

Joseph R. Fullenkamp, D. Michael Anderson, Michael J. Hays, Barnes & Thornburg, South Bend, IN, Attorneys for Appellees Carl F. Fitz and Theresa Fitz.

OPINION

SULLIVAN, Judge.

Appellee-Plaintiffs Carl F. Fitz and Theresa Fitz ("the Fitzes") brought suit against Appellant-Defendants Rust-Oleum Corp. and ROC Sales, Inc. (collectively "Rust-Oleum"). Rust-Oleum then impleaded United States Can Co. ("U.S. Can") as a third-party defendant. Upon the Fitzes' motion, the trial court later removed U.S. Can from the proceedings on the Fitzes' claims against Rust-Oleum. Rust-Oleum now challenges the trial court's...

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