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PERFORMANCE SERVICE v. RANDOLPH EASTERN

Court of Appeals Case No. 22A-CP-361.

196 N.E.3d 208 (2022)

PERFORMANCE SERVICES, INC., Appellant-Defendant, v. RANDOLPH EASTERN SCHOOL CORPORATION, Appellee-Plaintiff.

Court of Appeals of Indiana.

Filed September 19, 2022.

Attorney(s) appearing for the Case

Attorneys for Appellant: William E. Kelley, Jr. , Sean T. Devenney , Drewry Simmons Vornehm, LLP, Carmel, Indiana.

Attorneys for Appellee: Robert W. Rund , James E. Zoccola , Matthew S. Tarkington , Lewis & Kappes, P.C., Indianapolis, Indiana.

[1] In 2009, the Randolph Eastern School Corporation ("the School Corporation") entered into a contract with Performance Services, Inc. ("Performance") for the construction and operation of a wind turbine. The parties' contract gave the School Corporation physical access to the wind turbine...

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