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COCA-COLA BOTTLING v. CITIZENS BANK

No. 29A02-9006-CV-368.

583 N.E.2d 184 (1991)

COCA-COLA BOTTLING Company, of Portland, Indiana, Inc., Coca-Cola Bottling Company of Chicago, and Hondo Incorporated, Appellants-Defendants and Cross-Claimants below, v. CITIZENS BANK of Portland, Appellee-Cross-Claim Defendant below. Sidney and Lois Eskanazi, Appellees-Plaintiffs below.

Court of Appeals of Indiana, Second District.

Rehearing Denied March 30, 1992.

Attorney(s) appearing for the Case

David R. Day, John F. Joyce and Andrew W. Hull, Johnson, Smith, Densborn, Wright & Heath, Indianapolis, for appellants-defendants.

Brian K. Burke and Kevin M. Toner, Baker & Daniels, Indianapolis, for appellee.

SHIELDS, Judge.

Coca-Cola Bottling Company of Portland, Inc. (Coke Portland), Coca-Cola Bottling Company of Chicago (Coke Chicago), and Hondo Incorporated (Hondo) appeal the trial court's grant of summary judgment in favor of Citizens Bank of Portland (Citizens). We reverse and remand for further proceedings consistent with this opinion.

ISSUES

1. Whether acceleration, by definition, precludes the use and imposition of any other remedy.

2...

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