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CITIZENS NAT. BK., GRANT CTY. v. 1ST NAT. BK., MARION

No. 2-773A172.

331 N.E.2d 471 (1975)

CITIZENS NATIONAL BANK OF GRANT COUNTY, a National Banking Association, Formerly the Van Buren Bank, a State Banking Association, Appellant, v. FIRST NATIONAL BANK IN MARION, a National Banking Association, et al., Appellees.

Court of Appeals of Indiana, Second District.

July 23, 1975.

Attorney(s) appearing for the Case

Wasson J. Wilson, Fred G. Donnersberger, Wilson, Benne, Feingold & Donnersberger, Hammond, J.A. Bruggeman, Robert S. Walters, Barrett, Barrett & McNagny, Fort Wayne, Frank J. Biddinger, Biddinger & Johnson, Marion, Ned R. Carnall, Bluffton, for appellant.

George P. Osborn, Kim A. Rogers, Kiley, Osborn, Kiley & Harker, Marion, Harry T. Ice, James E. Hawes, Jr., Ice, Miller, Donadio & Ryan, Indianapolis, Edris, Edris & Dale, Gallivan & Hamilton, Bluffton, Thomas L. Morin, Marion, McHale, Cook & Welch, Indianapolis, for appellees.

SULLIVAN, Presiding Judge.

Citizens National Bank appeals from dismissal of its complaint pursuant to Ind. Rules of Procedure, Trial Rule 12(B)(6).

Because the complaint herein was dismissed prior to any discovery or reception of evidence, the record before us is somewhat scant. However, for background purposes, the following facts, discernible from prior federal litigation,1 are worthy...

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