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D.O. McCOMB & SONS v. MEMORY GARDENS MANAGEMENT

Civ. No. F 89-157.

813 F.Supp. 663 (1992)

D.O. McCOMB & SONS, INC. and Terra Services Incorporated, Plaintiffs, v. MEMORY GARDENS MANAGEMENT CORP., INC.; Covington Memorial Gardens, Inc.; the Lindenwood Cemetery, Inc.; and Highland Park Cemetery, Inc., Defendants.

United States District Court, N.D. Indiana, Fort Wayne Division.

September 15, 1992.

Attorney(s) appearing for the Case

Vincent J. Backs, James P. Posey, George P. Mallers, Fort Wayne, IN, for plaintiffs.

Walter P. Helmke, J. Timothy McCaulay, Fort Wayne, IN, Paul J. DeVault, Malcolm C. Mallett, James G. McIntire, Indianapolis, IN, for defendants Memory Gardens and Covington Memorial Gardens.

James P. Fenton, Robert S. Walters, Fort Wayne, IN, for defendant Lindenwood Cemetery.

Craig Pinkus, Donna Bays, Dutton & Overman PC, Indianapolis, IN, for defendant Highland Park Cemetery.

Robert M. Fells, American Cemetery Ass'n, Falls Church, VA, for American Cemetery Ass'n.

ORDER

WILLIAM C. LEE, District Judge.

This matter is before the court on defendant Lindenwood's motion to dismiss for lack of subject matter jurisdiction or for summary judgment and on defendants Memory Gardens Management Corp. and Covington Memorial Gardens, Inc.'s motion for summary judgment. Also before the court is defendant Lindenwood's motion to strike portions of the affidavits of Walter A. McComb and David W. McComb.

Summary Judgment...

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