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AVERITT EXP., INC. v. STATE EX REL. INDIANA

No. 67A05-1403-CC-108.

18 N.E.3d 608 (2014)

AVERITT EXPRESS, INC., Appellant-Defendant, v. STATE of Indiana ex rel. INDIANA DEPARTMENT OF TRANSPORTATION, Appellee-Plaintiff.

Court of Appeals of Indiana.

September 25, 2014.

Attorney(s) appearing for the Case

Michael B. Langford , R. Jay Taylor, Jr. , Scopelitis, Garvin, Light, Hanson & Feary, P.C., Indianapolis, IN, Attorneys for Appellant.

Gregory F. Zoeller , Attorney General of Indiana, Kristin Gam , Deputy Attorney General, Indianapolis, IN, Attorneys for Appellee.

OPINION

BARTEAU, Senior Judge.

STATEMENT OF THE CASE

Averitt Express, Inc., appeals the trial court's denial of its motion for summary judgment and grant of summary judgment in favor of the State of Indiana, acting on behalf of the Indiana Department of Transportation (INDOT). We affirm in part, reverse in part, and remand.

ISSUES

Averitt raises two issues, which we expand and restate as:

I. Whether the...

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