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ALLEN v. FIRST NAT. BANK OF MONTEREY

No. 66A04-0506-CV-364.

845 N.E.2d 1082 (2006)

Ward ALLEN and Allen's Excavating, Appellants-Plaintiffs, v. FIRST NATIONAL BANK OF MONTEREY and Claiborn Wamsley, Individually and in his capacity as President, George Wamsley, Individually and in his capacity as Sr. Vice President, Randy Howard, Individual and in his official capacity, and Dick Gearhart, Individually and in his official capacity, Appellees-Defendants.

Court of Appeals of Indiana.

April 18, 2006.

Attorney(s) appearing for the Case

Susan Kozlowski, Kozlowski Law Offices, Crown Point, for Appellants.

Daniel P. Murphy, Murphy Law Office, Winamac, for Appellees.

OPINION

MAY, Judge.

Ward Allen ("Ward") appeals summary judgment in favor of the First National Bank of Monterey, Claiborn Wamsley, George Wamsley, Randy Howard and Dick Gearhart (collectively "the Bank").1 Allen contends the trial court erred in granting the Bank's motion for summary judgment because the Bank's perfected security interest does not preclude all liability for damages. We reverse and remand.

FACTS AND...

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