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U.S. FIDELITY & GUAR. v. HARTSON-KENNEDY

No. 49A02-0604-CV-324.

857 N.E.2d 1033 (2006)

UNITED STATES FIDELITY AND GUARANTY INSURANCE COMPANY, Appellant, v. HARTSON-KENNEDY CABINET TOP COMPANY, INC., Appellee.

Court of Appeals of Indiana.

December 8, 2006.

Attorney(s) appearing for the Case

Richard A. Rocap, Indianapolis, IN, Charles W. Browning, Jeffrey C. Gerish, Michael D. Almassian, Plunkett & Cooney, P.C., Bloomfield Hills, MI, Attorneys for Appellant.

Frank J. Deveau, Bradley R. Sugarman, Sommer Barnard PC, Indianapolis, IN, Attorneys for Appellee.

OPINION

NAJAM, Judge.

STATEMENT OF THE CASE

United States Fidelity and Guaranty Company ("USF & G") appeals from the trial court's order granting the petition of Hartson-Kennedy Cabinet Top Company, Inc. ("Hartson") to perpetuate the testimony of William H. Rea pursuant to Indiana Trial Rule 27(A). USF & G raises a single issue for our review, namely, whether the trial court abused its discretion in granting Hartson's Rule 27(A) petition...

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