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KENNEDY TANK & MFG. CO. v. EMMERT INDUS.

No. 49A02-1507-CT-934.

53 N.E.3d 505 (2016)

KENNEDY TANK & MFG. CO., INC., Appellant-Defendant/Third-Party Plaintiff, and Hemlock Semiconductor Corp., and Hemlock Semiconductor, LLC, Appellant-Third-Party Defendants, v. EMMERT INDUSTRIAL CORPORATION, d/b/a Emmert International, Appellee-Plaintiff.

Court of Appeals of Indiana.

April 22, 2016.

Attorney(s) appearing for the Case

Craig J. Helmreich , Brandon K. Wiseman , Scopelitis, Garvin, Light, Hanson, & Feary, P.C., Indianapolis, IN, Attorneys for Appellant Kennedy Tank & Mfg. Co., Inc.

John R. Maley , T. Joseph Wendt , Barnes & Thornburg LLP, Indianapolis, IN, Attorneys for Appellee.

A. Richard M. Blaiklock , Charles R. Whybrew , Edward D. Thomas , Lewis Wagner, LLP, Indianapolis, IN, Attorneys for Appellant Hemlock Semiconductor Corporation and Hemlock Semiconductor, LLC.

Kennedy Tank and Manufacturing Company appeals the denial of its motion to dismiss a lawsuit Emmert International brought against Kennedy. The Indiana statute of limitation on which the trial court appears to have relied1 is preempted by a federal statute establishing a shorter limitations period. As Emmert...

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