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J.C. PENNEY CO. v. SIMON PROPERTY GROUP

No. 41A01-0907-CV-375.

928 N.E.2d 579 (2010)

J.C. PENNEY COMPANY, INC., Appellant-Defendant, v. SIMON PROPERTY GROUP, INC.; Greenwood Park Mall, LLC, and IPC International Corporation, Appellees-Defendants.

Court of Appeals of Indiana.

Publication Ordered April 27, 2010.

Attorney(s) appearing for the Case

Mark C. Sherer, Kopka, Pinkus, Dolin & Eads, LLC, Indianapolis, IN, Attorney for Appellant.

Thomas C. Hays, Stefanie R. Crawford, Sonia C. Das, Lewis Wagner, LLP, Indianapolis, IN, Attorneys for Appellees.

OPINION

NAJAM, Judge.

STATEMENT OF THE CASE

J.C. Penney ("Penney") appeals the trial court's order granting summary judgment in favor of Simon Property Group ("Simon") and IPC International Corporation ("IPC") on the negligence complaint filed by Betty J. and Bill L. Walker (collectively "the Walkers").1 Penney raises a single issue for review, namely, whether there is a genuine issue of material fact as to whether...

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