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UNITED BROTH. v. MERCHANDISING EQUIPMENT

No. 33A05-1107-CP-345.

963 N.E.2d 602 (2012)

UNITED BROTHERHOOD OF CARPENTERS AND JOINERS OF AMERICA, LOCAL UNION NO. 2371, Official Bargaining Agent, et. al., Appellants-Plaintiffs, v. MERCHANDISING EQUIPMENT GROUP, DIVISION OF MEG MANUFACTURING CORPORATION; Barclays Business Credit, Inc., Hewlett-Packard Company Finance and Remarketing Division; First Nat'l Leasing Corp., Bank One, Richmond, N.A.; Indiana Statewide Certified Development Corp.; Xerox Corporation; and SteelWorks, Inc., Appellees-Defendants.

Court of Appeals of Indiana.

March 8, 2012.

Attorney(s) appearing for the Case

Paul T. Deignan , Taft Stettinius & Hollister LLP, Indianapolis, IN, Attorney for Appellants.

Henry Efroymson , Ice Miller LLP, Indianapolis, IN, Attorney for Appellee Hewlett-Packard.

Alan K. Mills , Howard E. Kochell , Mark J. Crandley , Barnes & Thornburg LLP, Indianapolis, IN, for Attorneys for Appellee Bank of America as Successor to Barclays Business Credit, Inc.

OPINION

VAIDIK, Judge.

Case Summary

In 2011, the trial court granted the defendants' Trial Rule 41(E) motion to dismiss for failure to prosecute after the case had been pending for eighteen years, the court failed to rule on the summary judgment motions for fourteen years, and the plaintiffs took no action to push the case to resolution for a decade. The plaintiffs now appeal the dismissal. Given the extensive and unprecedented delay in this case...

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