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ORDER OF ELKS LOCAL 291 v. MOONEY

No. 42A05-9502-CV-43.

666 N.E.2d 970 (1996)

The BENEVOLENT AND PROTECTIVE ORDER OF ELKS LOCAL 291, Appellant-Defendant, v. Terry MOONEY and Kathy Mooney, Appellees-Plaintiffs.

Court of Appeals of Indiana.

June 18, 1996.

Attorney(s) appearing for the Case

Gregory S. Carter, Sacopulos, Johnson, Carter & Sacopulos, Terre Haute, for appellant.

Matt Parmenter, Sturm, Smith & Parmenter, Vincennes, for appellee.

OPINION

RUCKER, Judge.

After a member of an Elks lodge filed suit for injuries sustained on the lodge's premises, the Lodge countered with a motion for summary judgment arguing that as an unincorporated association it could not be sued by one of its members. The trial court denied the motion, and the Lodge now appeals contending the trial court erred in so doing. We agree and therefore reverse.

Appellant-Defendant The Benevolent and Protective Order...

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