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WALTHER v. INDIANA LAWRENCE BANK

No. 43A05-9103-CV-89.

579 N.E.2d 643 (1991)

Donald D. WALTHER, Joyce D. Walther, Phyllis J. Yeiter, Terry L. Yeiter, Brenda Yeiter, Ronald L. Yeiter and Nancy Jean Yeiter, Appellants-Defendants and Lynn M. Miller, Appellant/Intervenor-Defendant, v. INDIANA LAWRENCE BANK, Appellee-Plaintiff.

Court of Appeals of Indiana, Fifth District.

Rehearing Denied November 25, 1991.

Attorney(s) appearing for the Case

Benson, Pantello, Morris & James, M. Robert Benson, Timothy Logan, Fort Wayne, for appellants.

Edward L. Murphy, Jr., Edward J. Liptak, Miller Carson & Boxberger, Fort Wayne, for appellee-plaintiff.

BARTEAU, Judge.

This is an appeal from a grant of summary judgment in favor of the Indiana Lawrence Bank (ILB). Three issues are raised, which we consolidate as one:

Whether the grant of summary judgment was error.

FACTS

Donald and Joyce Walther owned and farmed several parcels of land in Kosciusko County. In September, 1986, the Indiana Lawrence Bank (ILB) brought a foreclosure action against the Walthers on various promissory notes, mortgages...

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