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INDIANAPOLIS DOWNS, LLC v. HERR

No. 49A02-0501-CV-71.

834 N.E.2d 699 (2005)

INDIANAPOLIS DOWNS, LLC, d/b/a Indiana Downs, Appellant-Defendant, v. Richard S. HERR and A. Geraldine Herr As Trustees of the Richard S. Herr and A. Geraldine Herr Trust, Appellees-Plaintiffs.

Court of Appeals of Indiana.

Transfer Denied January 4, 2006.

Attorney(s) appearing for the Case

Mary F. Schmid, James W. Brauer, Sonia S. Chen, Stewart & Irwin, P.C., Indianapolis, for Appellant.

Gene R. Leeuw, John M. Mead, Leeuw Oberlies & Campbell, P.C., Indianapolis, for Appellees.

OPINION

ROBB, Judge.

Indianapolis Downs, LLC, doing business as Indiana Downs ("Indianapolis Downs") appeals from the trial court's denial of its motion for summary judgment in an action instituted against it by Richard S. Herr and A. Geraldine Herr, as trustees of the Richard S. Herr and A. Geraldine Herr Trust (the "Trust"). We affirm.

Issue

Indianapolis Downs raises one issue for our...

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