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LOUDERMILK v. CITIZENS NAT. BANK OF MOORESVILLE

No. 55A04-8903-CV-107.

546 N.E.2d 1227 (1989)

John V. LOUDERMILK and Geneva P. Loudermilk, Appellants (Counterclaimants below), v. CITIZENS NATIONAL BANK OF MOORESVILLE, Indiana, Appellee (Counter-Claim Defendant below).

Court of Appeals of Indiana, Third District.

Rehearing Denied January 25, 1990.

Attorney(s) appearing for the Case

Stephen M. Gentry, Indianapolis, for appellants.

Christopher E. Baker, Rubin & Levin, Indianapolis, Phillip R. Smith, Wehrle & Smith, Martinsville, for appellee.

HOFFMAN, Judge.

John V. Loudermilk and Geneva P. Loudermilk, defendants-appellants, appeal the trial court's decision granting Citizens National Bank's motion to dismiss.

The facts were explained in detail in a previous appeal, Loudermilk v. Citizens Bank of Mooresville (1987), Ind. App., 505 N.E.2d 107, 108:

"Robert and Nancy Heath owned real estate known as Summer Place. They placed upon the real estate...

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