SALEM BANK AND TRUST COMPANY v. WHITCOMB

No. 272A68.

308 N.E.2d 707 (1974)

SALEM BANK AND TRUST COMPANY, Plaintiff-Appellant, v. Edgar D. WHITCOMB et al., Defendants-Appellees.

Supreme Court of Indiana.

March 29, 1974.


Attorney(s) appearing for the Case

Virginia Dill McCarty, Indianapolis, Joe N. Van Valer, Greenwood, for appellant.

Theodore L. Sendak, Atty. Gen., Mark Peden, Thomas C. Mills, Deputy Attys. Gen., Indianapolis, Hugh E. Reynolds, Jr., Locke, Reynolds, Boyd & Weisell, Indianapolis, John T. Rocap, Rocap, Rocap, Reese & Young, Indianapolis, for appellees.


ON PETITION TO TRANSFER

GIVAN, Justice.

Appellant seeks transfer from a unanimous opinion of District One of the Court of Appeals. Appellant sought a determination as to whether the trial court properly granted defendant-appellees' motion to dismiss. The Court of Appeals properly held that as the trial court had before it interrogatories, the motion to dismiss should have been considered as a motion for summary judgment under Ind. Rules of Proc., Rule TR...

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