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CENTRAL NAT. BANK OF GREENCASTLE v. SHOUP

No. 4-484A95.

501 N.E.2d 1090 (1986)

CENTRAL NATIONAL BANK OF GREENCASTLE, Appellant (Plaintiff below), v. Dale L. SHOUP, Janice J. Shoup, Robert G. Fisher and Joan B. Fisher, Appellees (Defendants below).

Court of Appeals of Indiana, Fourth District.

Rehearings Denied February 13, 18, 1987.

Attorney(s) appearing for the Case

James A. Strain, Stanley C. Fickle, Richard A. Cohen, Barnes & Thornburg, Indianapolis, Robert A. Hutchens, Wilson, Hutchens & Reese, Greencastle, for appellant.

James L. Crawford, Effner, Wagner & Crawford, Terre Haute, Clelland J. Hanner, Gary G. Hanner, Hanner Hanner & Hanner, Rockville, Roy C. Sutherlin, Sutherlin & Zeiner, Greencastle, for appellees.

YOUNG, Judge.

Central National Bank of Greencastle appeals a jury award and judgment in favor of Dale L. and Janice J. Shoup and Robert G. and Joan B. Fisher upon their counterclaim for abuse of process, breach of fiduciary duty and fraud.

This litigation was commenced by the bank when it sought to foreclose its mortgage upon real property owned by the Shoups. The mortgage provided, in part, as follows:

The indebtedness secured by this mortgage can...

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