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PLUMMER & CO., INC. v. NATIONAL OIL

No. 43A03-9405-CV-184.

642 N.E.2d 291 (1994)

PLUMMER & CO., INC., Appellant-Plaintiff below, v. NATIONAL OIL & Gas, Inc., Steve Sands, Andrea M. Sands, Elizabeth Ann Richards, Patricia Kroll, David R. Brelage, Treasurer of Town of Silver Lake, Standard Oil Company, American Oil Company Marathon Petroleum Company, and Rex L. Reed, Appellees-Defendants below.

Court of Appeals of Indiana, Third District.

Transfer Denied March 16, 1995.

Attorney(s) appearing for the Case

William S. Fawley, Paul D. Refior, Refior Law Office, Warsaw, for appellant.

Howard B. Sandler, Robert L. Nicholson, Beckman, Lawson, Sandler, Snyder & Federoff, Fort Wayne, for appellee.

OPINION

STATON, Judge.

Plummer & Co., Inc. ("Plummer") appeal from the trial court's judgment to dismiss its foreclosure action. Plummer presents one restated issue for our review: whether the trial court erred in dismissing Plummer's complaint for failure to state a claim upon which relief could be granted.

We reverse and remand.

The facts most favorable to Plummer show that Plummer contracted to provide accounting services for defendants...

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