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FIFTH THIRD BANK v. BENTONVILLE FARM SUPPLY

No. 24A01-9308-CV-261.

629 N.E.2d 1246 (1994)

FIFTH THIRD BANK of Southeastern Indiana, Appellant-Plaintiff, v. BENTONVILLE FARM SUPPLY, Inc., Appellee-Defendant.

Court of Appeals of Indiana, First District.

Rehearing Denied May 2, 1994.

Transfer Denied August 24, 1994.

Attorney(s) appearing for the Case

Dominic F. Polizzotto, C. Daniel Motsinger, Ice Miller Donadio & Ryan, Indianapolis, for appellant-plaintiff.

Mark W. Coy, Boring & Coy, P.C., Fountaintown, for appellee-defendant.

NAJAM, Judge.

STATEMENT OF THE CASE

Fifth Third Bank of Southeastern Indiana ("Bank") appeals from the entry of summary judgment for Bentonville Farm Supply, Inc. ("Farm Supply") in the Bank's action for conversion. The Bank held a security interest in the 1989 crops of its debtor, Michael Keller. When Keller delivered his crops to the Farm Supply, it applied the market value of the crops to Keller's open account. The Bank filed suit, and after considering...

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