BROWNSBURG COMMUNITY SCHOOL CORP. v. NATARE CORP.

No. 49S02-0409-CV-406.

824 N.E.2d 336 (2005)

BROWNSBURG COMMUNITY SCHOOL CORPORATION, Appellant (Defendant below), v. NATARE CORPORATION, Appellee (Plaintiff below).

Supreme Court of Indiana.

Rehearing Denied June 2, 2005.


Attorney(s) appearing for the Case

James S. Stephenson, Wayne E. Uhl, Indianapolis, IN, Attorneys for Appellant.

Thomas A. Pastore, Indianapolis, IN, Attorney for Appellee.


BOEHM, Justice.

We hold that the Indiana Antitrust Act does not create a civil treble damage remedy against an arm of government.

Factual and Procedural Background

The following facts are alleged in the complaint. We take them as true for purposes of this interlocutory appeal of the denial of a motion by a defendant for judgment on the pleadings.1

The School Corporation undertook a building project for Brownsburg...

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