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BASTIN v. FIRST INDIANA BANK

No. 49A02-9703-CV-146.

694 N.E.2d 740 (1998)

Janet L. BASTIN, on behalf of herself and all others similarly situated, Appellant-Plaintiff, v. FIRST INDIANA BANK and John Does 1-10, Appellees-Defendants.

Court of Appeals of Indiana.

Rehearing Denied June 30, 1998.

Attorney(s) appearing for the Case

Peter M. Racher, Jeffrey D. Featherstun, Alexandra S. Lipps, Plews Shadley Racher & Braun, Indianapolis; M. Scott Barrett, Barrett & Associates, Ltd., Chicago, IL, for appellant-plaintiff.

Theodore J. Nowacki and Monique C. Winkler, Bose McKinney & Evans, Indianapolis, for appellees-defendants.

OPINION

NAJAM, Judge.

STATEMENT OF THE CASE

Janet L. Bastin filed a complaint against First Indiana Bank ("First Indiana") which alleged, in part, that First Indiana had breached a provision of her adjustable rate mortgage loan, which was evidenced by a note. On January 8, 1996, Bastin filed motions for class certification1 and for summary judgment. On April 8, 1996, First...

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