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GRUTKA v. CLIFFORD

No. 3-482A76.

445 N.E.2d 1015 (1983)

Andrew G. GRUTKA, As Bishop of the Roman Catholic Diocese of Gary, Indiana, Appellant (Plaintiff below), v. Leo J. CLIFFORD, Joseph Clifford, Clarence Flitter, Clarence Ailes, Edward Gannon, Individually and As Members of the Board of Lay Trustees of St. Paul's Cemetery Association, Valparaiso, Indiana, St. Paul's Cemetery Endowment Association, Inc., an Indiana Not-for-Profit Corporation, the First National Bank of Valparaiso, Indiana, a National Banking Corporation, Appellees (Defendants below).

Court of Appeals of Indiana, Third District.

Rehearing Denied May 6, 1983.

Attorney(s) appearing for the Case

William J. O'Connor, O'Connor & Weigle, Hammond, for appellant.

Leo J. Clifford, Clifford, Claudon & Alexa, James H. Douglas, Douglas, Douglas & Douglas, Valparaiso, William M. Evans, Bose, McKinney & Evans, Indianapolis, for appellees.

STATON, Judge.

Bishop Grutka of the Roman Catholic Diocese of Gary, Indiana, sought to dissolve an irrevocable trust established by St. Paul's Catholic Church of Valparaiso, Indiana for the care of its cemetery. The trial court granted summary judgment in favor of the defendants, St. Paul's Cemetery Association (Association) and St. Paul's Cemetery Endowment Association (Corporation). Bishop Grutka contends that the trust is invalid because it was established without...

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