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FIRST NAT. BANK OF DANVILLE v. REYNOLDS

No. 4-285 A 31.

491 N.E.2d 218 (1986)

THE FIRST NATIONAL BANK OF DANVILLE, Indiana and M. Dale Palmer, Appellants (Defendants below), v. George W. REYNOLDS, Appellee (Plaintiff below), Henry M. Haase, John L. Munn, Paul Walthers, Russell Webb, Jr., and Eldon Ploetz, Appellees (Defendants below).

Court of Appeals of Indiana, Fourth District.

Rehearing Denied May 30, 1986.

Attorney(s) appearing for the Case

David B. Hughes, Hughes & Hughes, Indianapolis, Robert M. Shaffer, Morrison, Robbins & Shaffer, Frankfort, for appellants.

Kent M. Frandsen, Parr, Richey, Obremskey & Morton, Lebanon, David A. Redmond, Frankfort, for appellees.

CONOVER, Judge.

This is an interlocutory appeal in which the First National Bank of Danville, Indiana, and M. Dale Palmer (collectively, the Bank) challenge the trial court's denial of their motion to dismiss the plaintiff's amended complaint.

We affirm

ISSUES

This interlocutory appeal presents the following issues:

1. whether section 24 of the National Bank Act (12 U.S.C. § 24) voids a provision in a bank president's written...

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