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MIAMI SAND & GRAVEL, LLC v. NANCE

No. 06A01-0512-CV-552.

849 N.E.2d 671 (2006)

MIAMI SAND & GRAVEL, LLC, Appellant-Respondent, v. John E. NANCE & Georgia G. Nance, Appellees-Petitioners.

Court of Appeals of Indiana.

June 21, 2006.

Attorney(s) appearing for the Case

Ralph E. Sipes, Busby Austin Cooper & Farr, Anderson, IN, Attorney for Appellant.

Martin E. Risacher, Church, Church, Hittle & Antrim, Noblesville, IN, Attorney for Appellees.

OPINION

BAKER, Judge.

Appellant-respondent Miami Sand & Gravel, LLC (Miami), appeals from the trial court's grant of summary judgment in favor of appellees-respondents John and Georgia Nance (collectively, the Nances). In particular, Miami argues that the trial court should have dismissed the Nances' petition and complaint because a substantially similar matter was pending in Madison County at the time the Nances filed the instant petition and complaint...

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