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O.J. SHOEMAKER, INC. v. BOARD OF TRUSTEES

No. 3-684A167.

479 N.E.2d 1349 (1985)

O.J. SHOEMAKER, INC., Defendant-Appellant, v. BOARD OF TRUSTEES of the General Retirement System of the City of Detroit and November Properties, Inc., Plaintiffs-Appellees.

Court of Appeals of Indiana, Third District.

July 9, 1985.

Attorney(s) appearing for the Case

Don G. Blackmond, John E. Doran, South Bend, for defendant-appellant.

Bruce A. Cordingley, Phillip L. Bayt, Ice Miller Donadio & Ryan, Indianapolis, Arthur J. Perry, Diamond & Perry, Edward N. Kalamaros, Joseph M. Forte, Edward N. Kalamaros & Associates, P.C., South Bend, for plaintiffs-appellees.

GARRARD, Judge.

O.J. Shoemaker, Inc. (Shoemaker) was named as a defendant in a mortgage foreclosure action so that Shoemaker could answer as to its interest in the subject real estate by virtue of its notice of mechanic's lien. Shoemaker filed a cross-claim seeking to foreclose its lien against the real estate. The St. Joseph Superior Court granted a motion to dismiss Shoemaker's cross-claim for failure to state a claim...

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