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ALL MEMBERS OF AFL-CIO B.T.C., ETC. v. YOST CONST.

No. 2-873A180.

333 N.E.2d 892 (1975)

ALL MEMBERS OF THE AFL-CIO BUILDING TRADES COUNCIL OF MADISON COUNTY (TO BE SERVED ON ROBERT MITCHELL, President of the Madison County Building Trades Council) Also Known As Madison County Building Trades Council, Afl-Cio, Appellant, v. YOST CONSTRUCTION COMPANY, Inc., an Indiana Corp., et al., Appellees.

Court of Appeals of Indiana, Second District.

September 25, 1975.

Attorney(s) appearing for the Case

Edward J. Fillenwarth, of Fillenwarth & Fillenwarth, Indianapolis, for appellant.

Snouffer, Haller & Colvin, of Stephen E. Lewis, Fort Wayne, Smith & Burry, of Daniel C. Burry, Decatur, for appellees.

WHITE, Judge.

On appellees' (the Company's) motion, appellant's (the Union's) amended complaint for damages for breach of an injunction bond was dismissed under TR. 12(B)(6) for failure to state a claim upon which relief can be granted, in that (1) the enjoining court being without jurisdiction the proceedings, including the injunction bond and the injunction were void, and (2) the Union is estopped to assert liability on the bond because it had asserted, in the appeal...

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