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CAGLE v. FLICK

No. CIV. 1:97CV274.

3 F.Supp.2d 982 (1998)

Doug CAGLE, Adrian A. deVogel, Stuart Appelbaum, Don Hopkins, Henry Jenkins, and Lenore Miller, as Trustees and Fiduciaries of the Retail, Wholesale and Department Store International Union and Industry Health and Benefit Fund, Plaintiffs, v. Darlene FLICK, and Jonathon Flick, a Minor, Through His Parents, Darlene Flick and A.D. Flick, Defendants.

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

March 30, 1998.

Attorney(s) appearing for the Case

Peggy A Hillman, Law Offices of Peggy A. Hillman, Indianapolis, IN, Eugene S. Friedman, Bruce S. Levine, Friedman & Levine, New York, NY, for plaintiffs.

C. David Peebles, Fort Wayne, IN, Rick M. Myers, Bluffton, IN, Jerri Lynn Gawronski, Fort Wayne, IN, for defendants.

ORDER

WILLIAM C. LEE, Chief Judge.

This matter is before the court on cross motions for summary judgment. The defendants filed a motion for summary judgment on January 7, 1998 to which the plaintiffs responded on February 2, 1998. The plaintiffs filed a motion for summary judgment on January 8, 1998, to which the defendants declined to respond.

Summary Judgment Standard

Summary judgment is proper "if the pleadings, depositions...

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