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H & G ORTHO, INC. v. NEODONTICS INTERN., INC.

No. 41A05-0406-CV-336.

823 N.E.2d 734 (2005)

H & G ORTHO, INC., and Harold Canada, and Gladys Canada, (Defendants, Counter-claimants & Third Party Plaintiffs) and G & H Wire Company, Inc., Appellants-Defendants, v. NEODONTICS INTERNATIONAL, INC., d/b/a G & H Wire Company, (Plaintiff, Counterclaim Defendant & Third Party Defendant), and R. Michael Jahns, Individually (Counterclaim Defendant & Third Party Defendant), Appellees-Plaintiffs.

Court of Appeals of Indiana.

March 9, 2005.

Attorney(s) appearing for the Case

Todd A. Richardson, Matthew S. Tarkington, Lewis & Kappes, Indianapolis, IN, Attorneys for Appellants.

Edward F. Schrager, Steve M. Crell, Cohen Garelick & Glazier, P.C., Arthur R. Baxter, Jr., Baxter James & Rose LLP, Indianapolis, IN, Stephen Lee Huddleston, Franklin, IN, Attorneys for Appellees.

OPINION

BAKER, Judge.

This is the second appeal that we decide today involving the same parties and related issues that arose from the same cause of action. In the first appeal—H & G Ortho, Inc., et al. v. Neodontics Int'l, Inc., et al., 823 N.E.2d 718, No. 41A05-0401-CV-59 (Ind.Ct.App. Mar. 9, 2005) (hereinafter referred to as H & G I)—we were called upon to resolve, among other things...

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