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ST. JOSEPH BANK & TR. CO. v. MUTUAL OF N.Y. INS. CO.

No. 71A03-8708-CV-231.

533 N.E.2d 611 (1989)

ST. JOSEPH BANK & TRUST COMPANY, As Trustee of the Laidig, Inc. Employees' Retirement Fund, Appellant (Plaintiff below), v. MUTUAL OF New York Life Insurance Company, Appellee (Defendant below).

Court of Appeals of Indiana, Third District.

February 6, 1989.

Attorney(s) appearing for the Case

Michael C. Murphy, Kramer, Butler, Simeri, Konopa & Laderer, South Bend, for appellant.

William J. Reinke, Mark A. Garvin, Barnes & Thornburg, South Bend, for appellee.

STATON, Judge.

As the present "fiduciary" of the employee pension plan for the Laidig Company, St. Joseph Bank brought a breach of contract suit against the Mutual Insurance Company of New York (MONY) alleging that via the method of termination used, MONY breached a contract it entered with the Laidig Company. The court rescinded the exercise of the termination of the contract, finding that a meeting of the minds never occurred between the Laidig Company and MONY...

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