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MOORE v. TERRE HAUTE FIRST NAT. BANK

No. 61A01-9105-CV-137.

582 N.E.2d 474 (1991)

Michael A. MOORE and Brenda K. Moore, Appellants-Plaintiffs, v. TERRE HAUTE FIRST NATIONAL BANK, Norman L. Lowery and Arnold H. Brames, Appellee-Defendants.

Court of Appeals of Indiana, First District.

Rehearing Denied February 17, 1992.

Attorney(s) appearing for the Case

Jon R. Pactor, Indianapolis, for Michael A. Moore and Brenda K. Moore.

Robert G. Weddle, Nina Quay-Smith, Bingham, Summers, Welsh & Spilman, Indianapolis, for Terre Haute First Nat. Bank.

William H. Vobach, Derek L. Mandel, Locke, Reynolds, Boyd & Weisell, Indianapolis, for Norman L. Lowery.

Thomas H. Bryan, Fine & Hatfield, Evansville, for Arnold M. Brames.

BAKER, Judge.

Defendant-appellees Terre Haute First National Bank (the Bank), attorney Norman Lowery, and attorney Arnold Brames each secured a dismissal with prejudice for failure to prosecute under Ind.Trial Rule 41(E) against plaintiff-appellant Michael Moore.1 Moore timely sought relief from judgment under Ind.Trial Rule 60(B)(1). The trial court denied relief, and Moore now appeals, claiming the trial court erred

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