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DAVE'S EXCAVATING v. CITY OF NEW CASTLE

No. 33A04-1104-PL-199.

959 N.E.2d 369 (2012)

DAVE'S EXCAVATING, INC., and Liberty Mutual Insurance Co., Appellants-Defendants, v. CITY OF NEW CASTLE, Indiana, Appellee-Plaintiff.

Court of Appeals of Indiana.

January 11, 2012.

Attorney(s) appearing for the Case

Michael L. Einterz , Michael L. Einterz, Jr. , Einterz & Einterz, Zionsville, IN, Attorneys for Appellants.

David K. Herzog , Jon Laramore , April E. Sellers , Baker & Daniels LLP, Indianapolis, IN, Attorneys for Appellee.

OPINION

NAJAM, Judge.

STATEMENT OF THE CASE

Liberty Mutual Insurance Company ("Liberty Mutual") appeals two orders entered by the trial court granting summary judgment in favor of the City of New Castle ("the City") in its suit against Dave's Excavating, Inc. ("Dave's") on a construction contract and against Liberty Mutual under a performance bond. Liberty Mutual presents four issues for review, which...

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