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CITY OF FORT WAYNE v. PIERCE MFG., INC.

No. 90A02-0512-CV-1155.

853 N.E.2d 508 (2006)

CITY OF FORT WAYNE, Appellant-Defendant, v. PIERCE MANUFACTURING, INC., Appellee-Plaintiff.

Court of Appeals of Indiana.

September 5, 2006.

Attorney(s) appearing for the Case

R. Mark Keaton, Fort Wayne, IN, Attorneys for Appellant.

James P. Fenton, Eilbacher Fletcher, LLP, Fort Wayne, IN, Attorneys for Appellee.

OPINION

SHARPNACK, Judge.

The City of Fort Wayne ("City") appeals the trial court's grant of a motion for summary judgment filed by Pierce Manufacturing, Inc., ("Pierce") and the trial court's denial of a motion to dismiss and a motion for summary judgment filed by the City. The City raises two issues, one of which we find dispositive and restate as whether the trial court erred by denying the City's motion to dismiss based upon Pierce's lack of standing...

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