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CITIZENS BANK & TRUST CO. v. GIBSON

No. 86S04-8603-CV-312.

490 N.E.2d 728 (1986)

THE CITIZENS BANK & TRUST COMPANY OF WASHINGTON, Appellant/Cross-Appellee (Plaintiff below), v. Pearson E. GIBSON and Marion M. Gibson, Appellees/Cross-Appellants (Defendants below), and Lafayette Production Credit Association, Appellee (Defendant below).

Supreme Court of Indiana.

March 27, 1986.

Attorney(s) appearing for the Case

James F. Havill, Washington, William E. Statham, Gerald Allega, Clark, Statham, McCray, Thomas & Krohn, Evansville, for appellant/cross-appellee.

Christopher E. Baker, Rubin & Levin, Indianapolis, for appellees/cross-appellants Pearson E. Gibson and Marion M. Gibson.

John C. Duffey, Thomas L. Ryan, Stuart & Branigin, Lafayette, for appellee Lafayette Production Credit Ass'n.

GIVAN, Chief Justice.

Appellant and appellees have both petitioned for transfer from the Court of Appeals opinion reported in 463 N.E.2d 276. We grant both petitions for transfer. We adopt the recitation of the procedural history as provided by the Court of Appeals.

"A bank's mortgage foreclosure action and the defendants' counterclaims for fraud, negligence, and breach of contract...

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