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MERCHANTS NAT. BANK AND TRUST CO. v. LEWARK

No. 48A02-8606-CV-217.

503 N.E.2d 415 (1987)

MERCHANTS NATIONAL BANK AND TRUST COMPANY OF INDIANAPOLIS, Plaintiff-Appellant, v. Gregory LEWARK and Nancy Lewark, Defendants-Appellees.

Court of Appeals of Indiana, Third District.

Rehearing Denied March 25, 1987.

Attorney(s) appearing for the Case

James G. Lauck, Douglas R. Brown, Kroger, Gardis & Regas, Indianapolis, for plaintiff-appellant.

Paul D. Gresk, Lawrence, Carter, Gresk, Leerkamp & Walsh, Indianapolis, for defendants-appellees.

HOFFMAN, Judge.

Plaintiff-appellant Merchants National Bank and Trust Company of Indianapolis appeals from a judgment in favor of defendants-appellees Gregory and Nancy Lewark.

The trial court granted the Lewarks' motion for involuntary dismissal of Merchants' complaint pursuant to Ind. Rules of Procedure, Trial Rule 41(B). The trial court found that the April 16, 1982 mortgage agreement entered into between Merchants...

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