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MOORE v. WELLS FARGO CONST.

No. 84A04-0808-CV-477.

907 N.E.2d 1038 (2009)

Richard MOORE, Appellant-Defendant, v. WELLS FARGO CONSTRUCTION, Appellee-Plaintiff.

Court of Appeals of Indiana.

June 5, 2009.

Attorney(s) appearing for the Case

Gary G. Hanner, Hanner, Hanner & Hanner, Rockville, IN, Attorney for Appellant.

John J. Petr, Kroger, Gardis & Regas, LLP, Indianapolis, IN, Attorney for Appellee.

OPINION ON REHEARING

NAJAM, Judge.

Moore has filed a petition for rehearing, asking us to reconsider our holding that Moore waived the argument that CIT's sale of the Excavator was not conducted in a commercially reasonable manner. In particular, Moore argues that he was statutorily barred from waiving his right to a commercially reasonable sale of collateral.1 Although Moore did not directly or indirectly make this argument...

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