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OWEN v. KROGER CO.

No. IP94-2103-C B/S.

936 F.Supp. 579 (1996)

Richard OWEN d/b/a Clark's Greenhouse and Clark's Greenhouse, Inc., Plaintiff, v. The KROGER COMPANY, Defendant.

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

August 2, 1996.

Attorney(s) appearing for the Case

John C. Trimble, Lewis & Wagner, Indianapolis, Indiana, Thomas L. Tarvin, Tarvin & Alexander, Connersville, Indiana, for Plaintiff.

Michael Rosiello, John R. Maley, Barnes & Thornburg, Indianapolis, Indiana, for Defendant.

ENTRY

BARKER, Chief Judge.

This contract dispute is before the court on the parties' cross-motions for partial summary judgment. For the reasons discussed below, both motions for partial summary judgment are denied.

I. BACKGROUND1

Plaintiff Clark's Greenhouse ("Clark's") is a commercial grower of flowers, located in Connersville, Indiana. Clark's is a family owned and operated...

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