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FORTMEYER v. SUMMIT BANK

No. 02A03-8912-CV-00535.

565 N.E.2d 1118 (1991)

Howard FORTMEYER and Elizabeth Fortmeyer, Appellants (Defendants below), v. SUMMIT BANK, Appellee (Plaintiffs below).

Court of Appeals of Indiana, Third District.

January 29, 1991.

Attorney(s) appearing for the Case

Steven L. Jackson, Baker & Daniels, Fort Wayne, for appellants.

Scott T. Niemann and G. Martin Cole, Rothberg, Gallmeyer, Fruechtenicht & Logan, Fort Wayne, for appellee.

STATON, Judge.

Howard and Elizabeth Fortmeyer (Fortmeyers) appeal the trial court's grant of summary judgment in favor of Summit Bank in its action to recover on the Fortmeyers' written guaranties. The Fortmeyers present three issues for our review, rephrased as:

1. Whether the Bank's alleged failure to exercise good faith and fair dealing in its lending practices precludes summary judgment. 2. Whether the Restatement of Security, §...

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