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BUFFINGTON v. METCALF

No. IP 93-839 C.

883 F.Supp. 1190 (1994)

Clayton BUFFINGTON, Jr., as Executor of the Estate of Mary Ellen Buffington, and Clayton Buffington, Jr., Plaintiff, v. Donnie METCALF, Robert J. Kuntz, d/b/a Village Bar and Restaurant, and Robert Metcalf, Defendants.

United States District Court, S.D. Indiana, Indianapolis Division.

June 27, 1994.

Attorney(s) appearing for the Case

Thomas R. Koustmer, Theodore J. Froncek, Cincinnati, OH, M. Joseph Kisor, Lawrenceburg, IN, for plaintiff.

Keith A. Kinney, Hill Fulwider McDowell Funk & Matthews, P.C., Mark J. Roberts Kevin C. Schiferl, Locke Reynolds Boyd & Weisell, Indianapolis, IN, Kevin W. Ault, Rushville, IN, for defendants.

MEMORANDUM ENTRY

BARKER, Chief Judge.

This matter is before the Court on the memorandum of defendant Robert J. Kuntz, d/b/a Village Bar & Restaurant, in support of his affirmative defense on plaintiff's sixth and eighth causes of action, deemed a motion to dismiss the sixth and eighth causes of action. For the reasons stated below, Kuntz' motion to dismiss is denied.

I. Background

This diversity action brought by Clayton Buffington...

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