William S. Deckelbaum Co. v. Equitable Life Assurance Society of the United States
Indiana Court of Appeals
1Opinion of the Court
RATLIFF, Judge.
STATEMENT OF CASE
The William S. Deckelbaum Company (Deckelbaum) appeals from the trial court’s judgment dismissing its complaint for failure to state a claim upon which relief could be granted. We affirm.
FACTS
Taking as true all allegations in Deckelb-aum’s complaint and resolving all inferences therefrom in its favor, we are confronted with the following facts. The Equitable Life Assurance Society of the United States (Equitable) owned certain real estate, commonly known as the J.C. Penney Building, situated on Monument Circle in downtown Indianapolis. In September 1977…
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