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STATE, DEPT. OF NAT. RESOURCES v. CCI, LLC

No. 49A02-0602-CV-138.

860 N.E.2d 651 (2007)

STATE of Indiana and Indiana DEPARTMENT OF NATURAL RESOURCES, Appellants-Defendants, v. CCI, LLC d/b/a Carpet Corner of Indianapolis, Appellee-Plaintiff.

Court of Appeals of Indiana.

January 25, 2007.

Attorney(s) appearing for the Case

Steve Carter, Attorney General of Indiana, David L. Steiner, Deputy Attorney General, Indianapolis, IN, Attorneys for Appellants.

A. Douglas Stephens, Clermont, IN, Attorney for Appellee.

OPINION

MAY, Judge.

The State of Indiana and the Department of Natural Resources (collectively, "the State") appeal a judgment for CCI, LLC d/b/a Carpet Corner of Indianapolis. The State argues CCI is entitled neither to judgment on a theory of unjust enrichment nor to attorney fees. CCI argues the State improperly retained funds belonging to Voils Construction, including funds Voils owes CCI. Because CCI concedes the State was not unjustly enriched and...

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