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BROADHURST v. MOENNING

No. 56A05-9304-CV-135.

633 N.E.2d 326 (1994)

James G. BROADHURST, Appellant, v. Walter P. MOENNING, Jr., et al., Appellees.

Court of Appeals of Indiana, Fifth District.

April 28, 1994.

Attorney(s) appearing for the Case

Robert Leirer Justice, Logansport, for appellant.

Kathryn D. Schmidt, Fred M. Cuppy, Burke Murphy Costanza & Cuppy, Merrillville, for appellees.

SHARPNACK, Chief Judge.

James G. Broadhurst appeals the trial court's entry of summary judgment in favor of Gainer Bank, N.A. ("the Bank") and Walter P. Moenning. We affirm in part and reverse in part.

Broadhurst presents the following restated and renumbered issues for our review:

1. whether Ind.Trial Rule 13(A), which provides for compulsory counterclaims, violates Article I, § 20 of the Indiana Constitution as applied in this case; ...

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