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LAKE COUNTY TRUST CO. v. GAINER BANK, N.A.

No. 45A03-8904-CV-00134.

555 N.E.2d 1356 (1990)

LAKE COUNTY TRUST COMPANY, As Trustee under Trust No. 2680, Plaintiff/Appellee, v. GAINER BANK, N.A., As Trustee under Trust No. P-5982, Defendant/Appellant. Jack B. Cohen, Iva B. Cohen, Judell Investments, Co., Inc., Alfons Jacobs, Don Levinson, Rosalie Levinson, Lynn W. Ochstein, Jack Shaffner, Bernard Golner, Gerald Golner, and Gainer Bank, N.A., As Trustee under Trust No. P-5982, Cross-Complainants/Appellants, v. LAKE COUNTY TRUST COMPANY, As Trustee under Trust No. 2680; Gainer Bank, N.A., As Trustee under Trust No. P-6121 and Betty Isay, Cross-Defendants/Appellees. Lake County Trust Company, As Trustee under Trust No. 2680, Plaintiff/Appellee, v. GAINER BANK, N.A., As Trustee under Trust No. P-5992, Defendant/Appellant. Jack B. Cohen, Iva B. Cohen, Judell Investments Co., Inc., Don Levinson, Rosalie Levinson, Lynn W. Ochstein, Jack Shaffner, Bernard Golner, Gerald Golner and Gainer Bank, N.A., As Trustee under Trust No. P-5992, Cross-Complainants/Appellants, v. Lake County Trust Company, As Trustee under Trust No. 2680; Gainer Bank, N.A., As Trustee under Trust No. P-6121 and Betty Isay, Cross-Defendants/Appellees.

Court of Appeals of Indiana, Third District.

Rehearing Denied August 14, 1990.

Attorney(s) appearing for the Case

John Kappos, Rosalie B. Levinson, Merrillville, for cross-complainants/appellants.

Richard F. James, Dyer, for cross-defendants/appellees.

STATON, Judge.

Gainer Bank, Trustee under Trusts No. P-5982 and P-5992, and beneficiaries of said trusts appeal from an order entered in the Lake Circuit Court denying their motions for relief from default judgments and sheriff's sales entered in favor of the Lake County Trust Company, as Trustee under Trust No. 2680. We revise and restate the issues raised for review as follows:

1. Whether the trial court abused its discretion in refusing to set aside the...

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