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COOPER INDUSTRIES v. CITY OF SOUTH BEND

No. 49A04-0511-CV-637.

863 N.E.2d 1253 (2007)

COOPER INDUSTRIES, LLC, as successor to Studebaker Corporation, Century Indemnity Company, as successor to Indemnity Insurance Company of North America, Zurich American Insurance Company as successor to Zurich Insurance Company, Certain Underwriters at Lloyd's London and Certain London Market Insurers, Hartford Accident and Indemnity Company, Studebaker-Packard Corporation, and Studebaker Corporation, Appellants-Defendants, v. The CITY OF SOUTH BEND, Indiana and The South Bend Redevelopment Commission, Appellees-Plaintiffs.

Court of Appeals of Indiana.

April 11, 2007.

Attorney(s) appearing for the Case

Mark E. Shere, Indianapolis, IN, Dale E. Stephenson, Allen A. Kacenjar, Squire, Sanders & Dempsey L.L.P., Cleveland, OH, Mary Rose Alexander, Thomas Heiden, Latham & Watkins, L.L.P., Chicago, IL, Vicki Wright, Libby Mote, Krieg Devault, L.L.P., Indianapolis, IN, for Appellants.

George M. Plews, Jeffrey D. Featherstun, Tina M. Richards, Plews Shadley Racher & Braun Indianapolis, IN, Cheryl A. Greene, South Bend, IN, for Appellees.

OPINION

ROBB, Judge.

Case Summary and Issue

Cooper Industries, LLC, ("Cooper")1 appeals from the trial court's order partially granting a motion by the City of South Bend, Indiana and the South Bend Redevelopment Commission (collectively, "the City") for partial summary judgment. The trial court found that, as a matter of law, Cooper was the corporate successor to the liabilities of Studebaker Corporation ("Studebaker...

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