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ROSE v. MERCANTILE NAT. BANK OF HAMMOND

No. 56S03-0608-CV-303.

868 N.E.2d 772 (2007)

James ROSE and Robert Underwood, Appellants (Defendants below), v. MERCANTILE NATIONAL BANK OF HAMMOND, a corporation, as Trustee Under the Provisions of a Certain Trust Agreement dated the 25th day of June, 1975, known as Trust Number 3346; J.R. Construction Co.; and Joseph Ramacci, Appellees (Plaintiffs below).

Supreme Court of Indiana.

June 20, 2007.

Attorney(s) appearing for the Case

Kathryn D. Schmidt, Merrillville, IN, Attorney for Appellants.

Michael L. Muenich, Highland, IN, Attorney for Appellees.

On Petition to Transfer from the Indiana Court of Appeals, No. 56A03-0405-CV-235

SHEPARD, Chief Justice.

Judgment creditor pursued the two shareholders of the judgment debtor through a proceeding supplemental contending fraudulent transfer, then amended the complaint to bring a new tort claim, as well. The trial court allowed the amendment and granted summary judgment to the creditor, awarding attorneys' fees and treble damages far in excess of the original...

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