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VON TOBEL CORP. v. CHI-TEC CONSTRUCTION & REMODELING, INC.

No. 46A03-1301-MI-18.

994 N.E.2d 1215 (2013)

VON TOBEL CORPORATION, Individually, and d/b/a Von Tobel Lumber & Hardware; and Von Tobel Lumber & Home Center, Inc., Appellants-Plaintiffs, v. CHI-TEC CONSTRUCTION & REMODELING, INC.; John F. Ziola, Jr.; and Margaret Lynn West, as Trustee for the Margaret Lynn West Trust, Appellees-Defendants.

Court of Appeals of Indiana.

September 13, 2013.

Attorney(s) appearing for the Case

Brian J. Hurley , Timothy C. Krsak , Douglas Koeppen & Hurley, Valparaiso, IN, Attorneys for Appellants.

John F. Lake , Lake & Lake, Michigan City, IN, Attorney for Appellees.

OPINION

KIRSCH, Judge.

Von Tobel Corporation, Individually, and d/b/a Von Tobel Lumber & Hardware, and Von Tobel Lumber & Home Center, Inc. appeal the trial court's grant of summary judgment in favor of the Margaret Lynn West Trust ("the Trust"). The appellants contend that summary judgment in favor of the Trust was erroneous, and that the trial court should have granted the Plaintiffs' request for summary judgment.

We reverse and remand...

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