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KIRCHOFF v. SELBY

No. 26A01-9601-CV-34.

686 N.E.2d 121 (1997)

Ralph KIRCHOFF and Wilma Kirchoff, Appellants/Cross-Appellees-Defendants/Counterclaimants, v. Jeff W. SELBY and Diane L. Selby, Appellees/Cross-Appellants-Plaintiffs/Counterdefendants.

Court of Appeals of Indiana.

June 24, 1997.

Attorney(s) appearing for the Case

Patrick A. Shoulders, Robert L. Burkart, Ziemer, Stayman, Weitzel & Shoulders, Evansville, for Appellants/Cross-Appellees-Defendants/Counterclaimants.

Dean E. Richards, Indianapolis, for Appellees/Cross-Appellants-Plaintiffs/Counterdefendants.

OPINION

BAKER, Judge.

Appellees/cross-appellants Jeff and Diane Selby received a judgment of $730,000 on their claim for securities fraud against appellants/cross-appellees Ralph and Wilma Kirchoff. When the Kirchoffs presented newly discovered evidence suggesting that some of the Selbys' trial exhibits were fabricated and some of their trial testimony was perjured, the trial court set aside the verdict and ordered a new trial. The Kirchoffs now appeal,...

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