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PEOPLES TRUST BANK v. BRAUN

No. 3-781A173.

443 N.E.2d 875 (1983)

PEOPLES TRUST BANK, Daniel Skinner, Ampar, Inc., James J. Duffek and Rosemarie Duffek, Defendants-Appellants, v. Victor A. BRAUN, Plaintiff-Appellee.

Court of Appeals of Indiana, Third District.

Rehearing Denied March 29, 1983.

Attorney(s) appearing for the Case

Milford M. Miller, Grant F. Shipley, Livingston, Dildine, Hayne & Yoder, Fort Wayne, for defendants-appellants.

Clifford E. Simon, Jr., Paul D. Mathias, Shoaff, Parker & Keegan, Fort Wayne, for plaintiff-appellee.

GARRARD, Judge.

This case arose from a dispute between two creditors of an insolvent corporation (Ampar, Inc.) regarding their relative priority for repayment of monies loaned to the corporation.

Ampar was wholly owned by James J. and Rosemarie Duffek. It apparently had a successful product but was continually plagued with financing difficulties. Appellant, Peoples Trust Bank (bank) loaned Ampar money periodically from December 1975 through June 1978.

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