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NEW NELLO OPERATING CO., LLC v. COMPRESSAIR

Supreme Court Case No. 20S-CC-578.

168 N.E.3d 238 (2021)

NEW NELLO OPERATING CO., LLC, Appellant (Defendant), v. COMPRESSAIR, Appellee (Plaintiff).

Supreme Court of Indiana.

Filed April 22, 2021.

Attorney(s) appearing for the Case

ATTORNEYS FOR APPELLANT: James A. Masters , Nemeth, Fenney, Masters & Campiti, P.C., South Bend, Indiana, Matthew J. Salzman , Stinson LLP, Kansas City, Missouri.

ATTORNEYS FOR APPELLEE: Kevin E. Warren , Benjamin M. Redgrave , Sopko, Nussbaum, Inabnit & Kaczmarek, South Bend, Indiana.

On Petition to Transfer from the Indiana Court of Appeals, Case No. 19A-CC-603

[1,2] In a typical asset purchase, the buyer acquires the seller's assets but not its liabilities. The general rule is not absolute, however, and this case turns on two exceptions. The first exception arises when the acquisition of assets...

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