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AGMAX, INC. v. COUNTRYMARK CO-OP., INC.

No. 54A05-9504-CV-152.

661 N.E.2d 1259 (1996)

AGMAX, INC., Appellant-Defendant, v. COUNTRYMARK COOPERATIVE, INC. as successor by merger to Indiana Farm Bureau Cooperative Association, Inc., Appellee-Plaintiff.

Court of Appeals of Indiana.

February 28, 1996.

Attorney(s) appearing for the Case

George T. Patton, Jr., Bose McKinney & Evans, Indianapolis, for Appellant.

Anne N. Deprez, Barnes & Thornburg, Indianapolis, for Appellee.

NAJAM, Judge.

STATEMENT OF THE CASE

AgMax, Inc. ("AgMax") appeals from the trial court order that assessed, as a cost, the fee for a letter of credit provided by Indiana Farm Bureau Cooperative Association, Inc. ("Farm Bureau") to secure a stay of proceedings pending appeal. Farm Bureau prevailed on appeal and then sought to recover from AgMax the $50,000.00 bank charge it had paid for the letter of credit.

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