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FIRST NATIONAL BANK OF ELKHART COUNTY v. SMOKER

No. 372A130.

286 N.E.2d 203 (1972)

FIRST NATIONAL BANK OF ELKHART COUNTY, Appellant (Defendant below), v. Dwight SMOKER, d/b/a Smoker Farms, Appellee (Plaintiff below).

Court of Appeals of Indiana, Third District.

August 15, 1972.

Attorney(s) appearing for the Case

William J. Reinke, Bruce R. Bancroft, Gordon S. Eslick of Thornburg, McGill, Deahl, Harman, Carey & Murray, Elkhart, for appellant.

Benton E. Gates, Jr., Benton E. Gates, of Gates, Gates & McNagny, Columbia City, Robert J. Hepler, of Hartzog, Barker & Hepler, Goshen, for appellee.

SHARP, Judge.

This action, initiated by Dwight Smoker (Smoker), plaintiff-appellee, against the First National Bank of Elkhart County (Bank), defendant-appellant, is for an alleged conversion by the Bank of sides of beef and hides from 85 head of cattle and for misappropriation of the proceeds from the sale of said cattle. The conversion allegedly occurred when the Bank exerted dominion and control over the cattle when they were in the hands of its debtor, J.L. Whisler...

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