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RATCLIFF v. CITIZENS BANK OF WESTERN IND.

No. 79A05-0109-CV-393.

768 N.E.2d 964 (2002)

Stephen R. RATCLIFF, Connie L. Ratcliff, Prairie Production, Inc., and Battleground Hybrids, Inc., Appellants-Plaintiffs, v. CITIZENS BANK OF WESTERN INDIANA and Dan J. Fehrenbach, Appellees-Defendants.

Court of Appeals of Indiana.

May 29, 2002.

Attorney(s) appearing for the Case

R.C. Richmond, III, Sommer & Barnard, Indianapolis, IN, Attorney for Appellants.

Lawrence R. Wheatley, Danville, IN, Attorney for Appellees.

OPINION

NAJAM, Judge.

STATEMENT OF THE CASE

Stephen and Connie Ratcliff, Prairie Production, Inc., and Battleground Hybrids, Inc. (collectively the "Ratcliffs") appeal the trial court's grant of a motion to dismiss in favor of Citizens Bank of Western Indiana (the "Bank") and Dan J. Fehrenbach (collectively, the "defendants") on the Ratcliffs' multi-count civil complaint. The following two consolidated issues are dispositive of our review:

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