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SACKS v. AMERICAN FLETCHER NATIONAL BANK & T. CO.

No. 172S2.

279 N.E.2d 807 (1972)

Jerome SACKS et al., Appellants, v. AMERICAN FLETCHER NATIONAL BANK AND TRUST COMPANY ET AL., Appellees.

Supreme Court of Indiana.

March 15, 1972.

Attorney(s) appearing for the Case

Marvin T. Bornstein, Indianapolis, for appellants.

Sherwood Blue, Blue & Roberts, John P. Price, Hamill, Price & Carroll, Indianapolis, for appellees, Sherwood Blue and JJS Co., Inc.

Karl J. Stipher, Byron P. Hollett, Virgil L. Beeler, Baker & Daniels, Indianapolis, for appellee American Fletcher National Bank and Trust Co.

James C. Courtney, Indianapolis, for appellee Jack R. Ensley, Receiver.

ON PETITION TO TRANSFER

HUNTER, Judge.

This is an appeal from an order of the Marion Circuit Court sustaining the defendants' motions to dismiss and dismissing appellant's second amended complaint. This Court has accepted jurisdiction of this cause by virtue of its having been transferred from the Court of Appeals with the consent of all the parties. The second amended complaint seemingly asserts a stockholder's derivative action alleging deceit and misrepresentation...

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