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ESSEX GROUP, INC. v. NILL

No. 02A03-8810-CV-330.

543 N.E.2d 393 (1989)

ESSEX GROUP, INC., Appellant (Defendant below) v. Richard G. NILL, Appellee (Defendant below) and Indiana Bank & Trust Company of Fort Wayne, Appellee (Plaintiff below).

Court of Appeals of Indiana, Third District.

Rehearing Denied October 19, 1989.

Attorney(s) appearing for the Case

Alan Verplanck, Barrett & McNagny, Fort Wayne, for appellant.

Edward L. Murphy, Jr., Edward J. Liptak, Miller, Carson & Boxberger, Fort Wayne, for appellee Richard G. Nill.

HOFFMAN, Judge.

Defendant-appellant Essex Group, Inc. appeals from a summary judgment in favor of defendant-appellee Richard Nill. In granting summary judgment, the Allen Superior Court determined that Nill was entitled to a lump sum distribution of the monies in a pension auxiliary fund credited to him.

The pension plan which is the subject of the instant dispute was created in 1961 when Nill, as president of Fort...

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