CALUMET NAT. BANK v. AMERICAN TEL. & TEL.

No. 64A03-9411-CV09.

654 N.E.2d 816 (1995)

CALUMET NATIONAL BANK as Trustee Under Trust No. P-3362 Dated September 1, 1986, Appellant-Plaintiff, v. AMERICAN TELEPHONE & TELGRAPH CO., a New York Corp., and American Telephone & Telegraph Communications, Inc., Appellees-Defendants.

Court of Appeals of Indiana.

Rehearing Denied January 4, 1996.


Attorney(s) appearing for the Case

Patrick J. Galvin, Carl N. Carpenter, Galvin, Galvin & Leeney, Hammond, Glenn J. Tabor, Blachly, Tabor, Bozik & Hartman, Valparaiso, for appellant.

Paul A. Rake, Sherry L. Clarke, Eichhorn, Eichhorn & Link, Hammond, for appellees.


OPINION

STATON, Judge.

Calumet National Bank as Trustee under Trust No. P-3362, ("the Trust") appeals the trial court's grant of summary judgment in favor of American Telephone and Telegraph Co. and AT & T Communications, Inc. (respectively "AT & T" and "AT & T Communications", collectively "Utilities"). The Trust presents three issues for our review, only two of which we must address. Restated, they are:

I. Whether the trial court erred...

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