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LAUX v. CHOPIN LAND ASSOCIATES, INC.

No. 90A02-9302-CV-45.

615 N.E.2d 902 (1993)

Robert R. LAUX, Laura L. Laux, Husband and Wife, and Robert R. Laux, Kenneth L. Laux and Randall D. Laux, d/b/a Laux Farms, Appellants-Plaintiffs, v. CHOPIN LAND ASSOCIATES, INC., and Fidelity and Deposit Company of Maryland, Appellees-Defendants.

Court of Appeals of Indiana, Third District.

Rehearing Denied September 30, 1993.

Attorney(s) appearing for the Case

M. Robert Benson, Timothy Logan, Benson, Pantello, Morris & James, Fort Wayne, for appellants-plaintiffs.

Edward L. Murphy, Jr., Larry L. Barnard, Miller Carson Boxberger & Murphy, Fort Wayne, for appellees-defendants.

GARRARD, Judge.

I. Facts and Procedural History.

Robert and Laura Laux and their sons, Kenneth and Randall, filed a complaint against Chopin Land Associates, Inc. and its surety, Fidelity & Deposit Company of Maryland, seeking to recover fees and expenses incurred as the result of the wrongful issuance of a preliminary injunction. The Wells Circuit Court dismissed their claim and denied their motion...

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