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Appellate court travels to Vincennes

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The Indiana Court of Appeals will hear arguments at Vincennes University Thursday in a case that seeks to determine who is responsible to pay costs and expenses related to environmental contamination.

In P.R. Mallory & Co., Inc., et al., v. American Casualty Co., et al., No. 54A01-0903-CV-142, the trial court granted summary judgment in favor of American Casualty Co. and other defendants in P.R. Mallory & Co.'s suit maintaining that the defendants were obligated to pay for expenses for environmental pollution cleanup, and on the claims of breach of contract or anticipatory breach of contract. The trial court ruled the plaintiffs provided late notice to American Casualty and the other defendants under the insurance policies.

P.R. Mallory argues the trial court erred in granting summary judgment; the defendants contend P.R. Mallory's appeal is untimely and should be dismissed.

Judges L. Mark Bailey, Elaine Brown, and Edward Najam will hear the arguments in the case from Montgomery Circuit Court at 11 a.m. in Shircliff Auditorium on the campus of Vincennes University.

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  1. What is this, the Ind Supreme Court thinking that there is a separation of powers and limited enumerated powers as delegated by a dusty old document? Such eighteen century thinking, so rare and unwanted by the elites in this modern age. Dictate to us, dictate over us, the massess are chanting! George Soros agrees. Time to change with times Ind Supreme Court, says all President Snows. Rule by executive decree is the new black.

  2. I made the same argument before a commission of the Indiana Supreme Court and then to the fedeal district and federal appellate courts. Fell flat. So very glad to read that some judges still beleive that evidentiary foundations matter.

  3. KUDOS to the Indiana Supreme Court for realizing that some bureacracies need to go to the stake. Recall what RWR said: "No government ever voluntarily reduces itself in size. Government programs, once launched, never disappear. Actually, a government bureau is the nearest thing to eternal life we'll ever see on this earth!" NOW ... what next to this rare and inspiring chopping block? Well, the Commission on Gender and Race (but not religion!?!) is way overdue. And some other Board's could be cut with a positive for State and the reputation of the Indiana judiciary.

  4. During a visit where an informant with police wears audio and video, does the video necessary have to show hand to hand transaction of money and narcotics?

  5. I will agree with that as soon as law schools stop lying to prospective students about salaries and employment opportunities in the legal profession. There is no defense to the fraudulent numbers first year salaries they post to mislead people into going to law school.

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