BELLWETHER PROP. v. DUKE ENERGY INDIANA

No. 53S04-1703-CT-121.

87 N.E.3d 462 (2017)

BELLWETHER PROPERTIES, LLC, Appellant (Plaintiff), v. DUKE ENERGY INDIANA, INC., Appellee (Defendant).

Supreme Court of Indiana.

FILED December 20, 2017.


Attorney(s) appearing for the Case

ATTORNEYS FOR APPELLANT: William N. Riley , Joseph N. Williams , James A. Piatt , Anne Medlin Lowe , Riley Williams & Piatt, LLC, Indianapolis, IN, Lonnie D. Johnson , Pamela J. Hensler , Michael J. Potraffke , Clendening Johnson & Bohrer, P.C., Bloomington, IN.

ATTORNEYS FOR APPELLEE: Thomas L. Davis , Darren A. Craig , Maggie L. Smith , Frost Brown Todd LLC, Indianapolis, IN, Steven J. Moss , Duke Energy Business Services, LLC, Plainfield, IN.


On Petition to Transfer from the Indiana Court of Appeals, No. 53A04-1511-CT-1880

Dismissal under Trial Rule 12(B)(6) is rarely appropriate when the asserted ground for dismissal is an affirmative defense. To withstand a 12(B)(6) dismissal, the complaint need only allege such facts that, if proved, would entitle the...

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