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DRAKE v. MITCHELL COMMUNITY SCHOOLS

No. 47S01-9505-CV-534.

649 N.E.2d 1027 (1995)

Holli DRAKE, by Her Next Friend and Parents Doris and Donald Drake and Doris and Donald Drake, Individually, Plaintiffs-Appellants, v. MITCHELL COMMUNITY SCHOOLS, Mitchell Community Schools Board of Trustees, Kiwanis International, Inc., Mitchell Chapter and Its Board of Directors, and First National Bank of Mitchell, Defendants-Appellees.

Supreme Court of Indiana.

May 10, 1995.

Attorney(s) appearing for the Case

Jay D. Allen, Allen, Allen & Allen, Salem, for appellants.

Robert J. Doyle, Stewart Due Miller & Pugh, Indianapolis, for appellee Mitchell Community Schools, Mitchell Community Schools Bd. of Trustees.

Mark R. Smith, Smith & Bemenderfer, Indianapolis, for appellee First Nat. Bank of Mitchell.

DICKSON, Justice.

In this personal injury action brought by a high school student and her parents after the student allegedly contracted histoplasmosis1 from the various defendants' use and control of a vacant grain elevator, the Court of Appeals reversed a summary judgment favoring the school and affirmed a summary judgment favoring the bank that owned the elevator. Drake v. Mitchell Community Sch. (1994), Ind. App.,

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