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WELBOURN v. PEOPLES LOAN & TRUST CO.

No. 272A84.

283 N.E.2d 544 (1972)

William E. WELBOURN, Plaintiff-Appellant, v. PEOPLES LOAN & TRUST CO., Defendant-Appellee.

Court of Appeals of Indiana, First District.

Rehearing Denied July 26, 1972.

Attorney(s) appearing for the Case

John T. Cook, Winchester, Robert F. Wisehart, Middletown, Wayne J. Lennington, Muncie, for appellant.

Ice, Miller, Donadio & Ryan, Indianapolis, Hunter, McCoy, Sullivan & Chalfant, Winchester, James R. Kellam, New Castle, for appellee.

LOWDERMILK, Judge.

Defendant-appellee is a banking institution duly organized under the statutes of the State of Indiana, and located at Winchester, Indiana, with a branch bank at Modoc, Indiana. The bank has assets of $1,500,000.00.

We are concerned here with facts surrounding the branch bank at Modoc, which is a small town.

The Modoc bank was in a brick building and faced a fairly well lighted street, and had an unbarred window on the back side of...

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