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CALVARY TEMPLE CHURCH, INC. v. PAINO

No. 02A03-0407-CV-340.

827 N.E.2d 125 (2005)

CALVARY TEMPLE CHURCH, INC., Appellant-Defendant, v. Paul E. PAINO and Paul C. Paino, Appellees-Plaintiffs.

Court of Appeals of Indiana.

May 11, 2005.

Attorney(s) appearing for the Case

Cathleen M. Shrader, Barrett & McNagny LLP, Fort Wayne, IN, Attorney for Appellant.

Karen T. Moses, Baker & Daniels, Fort Wayne, IN, Attorney for Appellees.

OPINION

VAIDIK, Judge.

Case Summary

Calvary Temple Church ("CTC") appeals the grant of summary judgment to its former pastors, Paul E. Paino and his son Paul C. Paino, in a dispute over the pastors' pensions. Under the substituted contract doctrine, CTC's Constitution—an enforceable contract between CTC and its members—prevails over Paul E.'s and Paul C.'s individual pension contracts signed before the enactment of the church constitution...

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