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SCI IN FUNERAL SERV., INC. v. D.O. McCOMB & SONS, INC.

No. 02A03-0401-CV-22.

820 N.E.2d 700 (2005)

SCI INDIANA FUNERAL SERVICES, INC., Appellant-Defendant, v. D.O. McCOMB & SONS, INC. and Terra Services, Inc., Appellees-Plaintiffs.

Court of Appeals of Indiana.

January 14, 2005.

Attorney(s) appearing for the Case

James P. Fenton, Eilbacher Scott, P.C., Fort Wayne, IN, Craig E. Pinkus, George T. Patton, Jr., Bryan H. Babb, Bose McKinney & Evans, LLP, Indianapolis, IN, Attorneys for Appellant.

Daniel K. Leninger, Beers Mallers Backs & Salin, LLP, Fort Wayne, IN, Attorney for Appellees.

OPINION

BAKER, Judge.

Appellant-defendant SCI Indiana Funeral Services, Inc. (SCI) appeals from the grant of summary judgment in favor of the appellees-plaintiffs D.O. McComb & Sons, Inc. (McComb) and Terra Services, Inc. (Terra) (collectively referred to as McComb). Specifically, SCI argues that: (1) the trial court erred in determining that McComb was entitled to specific performance by SCI pursuant to an agreement that McComb had previously entered...

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