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FOX v. NICHTER CONST. CO., INC.

No. 03A01-1202-SC-52.

978 N.E.2d 1171 (2012)

John FOX, Appellant-Plaintiff, v. NICHTER CONSTRUCTION COMPANY, INC., Appellee-Defendant.

Court of Appeals of Indiana.

November 14, 2012.

Attorney(s) appearing for the Case

Ronald E. Weldy , Weldy & Associates, Indianapolis, IN, Attorney for Appellant.

Gregory F. Zoeller , Attorney General of Indiana, Thomas M. Fisher , Solicitor General, Heather Hagan McVeigh , Deputy Attorney General, Rick J. Ruble , Deputy Commissioner of Labor and General Counsel, Indiana Department of Labor, Indianapolis, IN, Attorneys for Amicus Curiae.

Scott C. Andrews , Coriden, Coriden, Andrews & Glover, LLC, Columbus, IN, Attorney for Appellee.

OPINION

KIRSCH, Judge.

John Fox ("Fox"), the employee-claimant, appeals from the trial court's denial of his motion to correct error from an order of dismissal with prejudice, contending that the trial court erred in dismissing his wage claim for lack of subject matter jurisdiction.

We affirm in part, reverse in part, and remand.

FACTS AND PROCEDURAL HISTORY

Fox, who was employed by Nichter Construction Company, Inc. ("NCC"), alleged...

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