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BURNS-KISH FUNERAL v. KISH FUNERAL HOMES

No. 45A03-0710-CV-486.

889 N.E.2d 15 (2008)

BURNS-KISH FUNERAL HOMES, INC., Thomas J. Burns, individually, and Jean Burns, individually, Appellants-Plaintiffs, v. KISH FUNERAL HOMES, LLC, Kevin Kish, individually, and Patricia Kish, individually, Appellees-Defendants, Patricia Kish, Counterclaimant, v. Thomas J. Burns, individually, and Jean Burns, individually, Counter-Defendants.

Court of Appeals of Indiana.

June 25, 2008.

Attorney(s) appearing for the Case

Gordon A. Etzler, Megan E. Pikula, Gordon A. Etzler & Associates, Valparaiso, IN, Attorneys for Appellants.

F. Joseph Jaskowiak, Kevin G. Kerr, Hoeppner Wagner & Evans LLP, Valparaiso, IN, Attorneys for Appellees Kish Funeral Homes, LLC, Kevin Kish, Individually, and Patricia Kish, Individually.

Gilbert F. Blackmun, Douglas K. Walker, Blackmun, Bomberger, Tyler & Walker, Highland, IN, Attorneys for Appellee Patricia Kish.

OPINION

VAIDIK, Judge.

Case Summary

Burns-Kish Funeral Homes, Inc. is a family-run funeral home in northwest Indiana that has been in existence for a century. When part of the Kish family broke off and opened up a competing funeral home down the road from the Burns-Kish Munster, Indiana, location, litigation by part of the Burns family ensued. Burns-Kish Funeral Homes, Inc., Thomas J. Burns, and Jean Burns (collectively

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