RUTTER v. EXCEL INDUSTRIES, INC.

No. 3-981A246.

438 N.E.2d 1030 (1982)

Thomas RUTTER, Plaintiff-Appellant, v. EXCEL INDUSTRIES, INC., et al., Defendants-Appellees.

Court of Appeals of Indiana, Third District.

August 18, 1982.


Attorney(s) appearing for the Case

Anthony J. Iemma, Iemma & Summers, Elkhart, David B. Keller, Shoaff, Parker & Keegan, Fort Wayne, for plaintiff-appellant.

Richard E. Steinbronn, Thornburg, McGill, Deahl, Harman, Carey & Murray, Elkhart, for defendants-appellees.


GARRARD, Judge.

Rutter brought two actions which were consolidated in the trial court challenging the effects of his separation from Excel. The court granted summary judgment in the action for damages and partial summary judgment in the action for declaratory judgment thereby upholding the validity of Rutter's resignation as an officer and director of the corporation.

Rutter appeals. He asserts that to be valid...

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