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TDM FARMS, INC. v. WILHOITE FAMILY FARM

No. 79A02-1101-PL-33.

969 N.E.2d 97 (2012)

TDM FARMS, INC. OF NORTH CAROLINA and Dale Johnson, Appellants-Defendants, v. WILHOITE FAMILY FARM, LLC, Appellee-Plaintiff.

Court of Appeals of Indiana.

June 7, 2012.

Attorney(s) appearing for the Case

Philip A. Whistler , Adam Arceneaux , Brian J. Paul , Ice Miller LLP, Indianapolis, IN, Scott P. Sullivan , Flynn & Sullivan, P.C., Indianapolis, IN, Attorneys for Appellants.

Miriam E. Robeson , Flora, IN, Attorney for Amicus Curiae.

Gary P. Price , Joseph P. Rompala , Lewis & Kappes, P.C., Indianapolis, IN, Carol Sparks Drake , Lewis & Kappes, P.C., Zionsville, IN, Attorneys for Appellee.

OPINION

NAJAM, Judge.

STATEMENT OF THE CASE

TDM Farms, Inc. of North Carolina and Dale Johnson (collectively, "TDM")1 bring this interlocutory appeal from the trial court's denial of their motion for summary judgment against Wilhoite Family Farm, LLC ("Wilhoite"). Wilhoite had filed suit against TDM alleging nuisance, negligence, and trespass after TDM intentionally introduced a highly contagious virus — the...

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