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CRISS v. BITZEGAIO

No. 1-179A16.

402 N.E.2d 1279 (1980)

Charles H. CRISS, John B. Criss, Sarah E. Criss, Martha T. Bitzegaio, Administratrix of the Estate of Eleanor J. Criss, Deceased; and J. Morton Swango, Appellants-Defendants, v. Harold J. BITZEGAIO, Appellee-Plaintiff.

Court of Appeals of Indiana, Fourth District.

Rehearing Denied May 22, 1980.

Attorney(s) appearing for the Case

Charles H. Criss, Fern & Criss, Peru, for appellants-defendants.

Luther G. Johnson, Mann, Chaney, Johnson, Hicks & Goodwin, Terre Haute, Mann, Chaney, Johnson, Hicks & Goodwin, Terre Haute, Craig, Craig & Yelton, Brazil, for appellee-plaintiff.

CHIPMAN, Judge.

This action was brought by plaintiff-appellee Harold J. Bitzegaio to establish a resulting trust over certain real estate located in Vigo County, Indiana. The trial court granted Bitzegaio's motion for summary judgment and ordered defendants to convey an undivided one-third interest in the property to plaintiff. Defendants appeal, raising the following issue for our review:1 whether the facts established by the pleadings...

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