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CLARK COUNTY STATE BANK v. BENNETT

No. 1-974A133.

336 N.E.2d 663 (1975)

CLARK COUNTY STATE BANK and Citizens National Bank of Grant County, Appellants (Defendants below), v. Peter A. BENNETT and Arthur Myers d/b/a Falls Cities Cycle Co., Appellees (Plaintiffs below).

Court of Appeals of Indiana, First District.

November 6, 1975.

Attorney(s) appearing for the Case

Frank J. Biddinger, John W. Campbell, Marion, for appellants; Biddinger & Johnson, Marion, Thomas S. Pointer, Jeffersonville, of counsel.

Ronald R. Fifer, Stephen W. Voelker, Fifer, Vogt, Hoodenpyl & Lanum, Jeffersonville, for appellees.

LYBROOK, Judge.

Defendant-appellant Citizens National Bank of Grant County (Citizens) appeals from a judgment by default entered following its alleged failure to timely respond to plaintiffs' complaint and requests for discovery. Ind. Rules of Procedure, Trial Rules 55(B) and 37(B)(4). The central issue presented is whether the court erred in granting plaintiffs' application for default and denying defendant Citizens subsequent motion for relief therefrom.

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