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COHEN v. GAINER BANK, N.A.

No. 56A05-9303-CV-100.

628 N.E.2d 1246 (1994)

Jack B. COHEN, Iva B. Cohen, Bernard Golner, Gerald Golner, Judell Investments Co., Inc., Alfons Jacobs, Lisa Jacobs, Donald P. Levinson, Rosalie B. Levinson, Lynn Ochstein, Jack Shaffner and Phil Goodman, Individually and Jointly and As Beneficiaries of Gainer Bank, N.A., As Successor in Interest to Gary National Bank, As Trustee under Gainer Bank, N.A., Trust No. P-5982, Appellants-Plaintiffs, v. GAINER BANK, N.A.; Gainer Bank, N.A., As Successor in Interest to Gary National Bank; Gainer Bank, N.A. As Successor in Interest to Gary National Bank, As Trustee under Gainer Bank, N.A., Trust No. P-5982; Gainer Bank, N.A., As Trustee under Gainer Bank, N.A., Trust No. P-6121; and Betty Isay, Appellees-Defendants. Jack B. Cohen, Iva B. Cohen, Bernard Golner, Gerald Golner, Judell Investments Co., Inc., Lisa Jacobs, Donald P. Levinson, Rosalie B. Levinson, Lynn Ochstein, Jack Shaffner and Phil Goodman, Individually and Jointly and As Beneficiaries of Gainer Bank, N.A., As Successor in Interest to Gary National Bank, As Trust No. P-5992, Appellants-Plaintiffs, v. Gainer Bank, N.A.; Gainer Bank, N.A., As Successor in Interest to Gary National Bank; Gainer Bank, N.A., As Successor in Interest to Gary National Bank, As Trustee under Gainer Bank, N.A. Trust No. P-5992; Gainer Bank, N.A., As Trustee under Gainer Bank, N.A., Trust No. P-6121; and Betty Isay, Appellees-Defendants.

Court of Appeals of Indiana, Fifth District.

Transfer Denied July 13, 1994.

Attorney(s) appearing for the Case

John Kappos, Donald P. Levinson, Merrillville, for appellants-plaintiffs.

Fred M. Cuppy, Merrillville, for appellee-defendant Gainer Bank, N.A. and Gainer Bank, N.A. as Trustee.

SHARPNACK, Chief Judge.

Jack B. Cohen, et al., individually, jointly, and as beneficiaries of Gainer Bank, N.A., as successor in interest to Gary National Bank, as trustee under Gainer Bank Trust Nos. P-5982 and P. 5992 (the "Beneficiaries"), appeal the granting of summary judgment in favor of Gainer Bank, N.A.; Gainer Bank, N.A., as successor in interest to Gary National Bank; Gainer Bank, N.A., as successor in interest to Gary National Bank, as trustee under Gainer...

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