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LEO MACHINE & TOOL, INC. v. POE VOLUNTEER FIRE DEPARTMENT, INC.

No. 02A03-1003-PL-143.

940 N.E.2d 384 (2011)

LEO MACHINE & TOOL, INC. and Elmotec Statomat, Inc., Appellants-Plaintiffs, v. POE VOLUNTEER FIRE DEPARTMENT, INC., a/k/a Poe Community Volunteer Fire Department, Inc., a/k/a Poe Volunteer Fire Department and Anderson Excavating, Inc., Appellee-Defendants.

Court of Appeals of Indiana.

January 19, 2011.

Attorney(s) appearing for the Case

Denver C. Jordan , Bradley J. Buchheit , Blume, Connelly, Jordan, Stucky & Lauer, Fort Wayne, IN, Attorneys for Appellant.

Paul T. Fulkerson , Laura C. Bonadies , Indianapolis, IN, Dane L. Tubergen , Codie J. Ross , Fort Wayne, IN, Attorneys for Appellees.

OPINION ON REHEARING

RILEY, Judge.

Appellee, Anderson Excavating, Inc. (Anderson), has filed a petition for rehearing requesting us to reconsider our statement that "[Anderson] is not a party to this appeal." See Leo Machine & Tool, Inc. v. Poe Volunteer Fire Dept., Inc., 936 N.E.2d 855, 855 n. 1 (Ind.Ct.App.2010). We grant Anderson's petition for rehearing for the limited purpose of reviewing this statement...

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