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CARTER v. CITY OF EAST CHICAGO

No. 49A02-0708-CV-722.

881 N.E.2d 1114 (2008)

Steve CARTER, Indiana Attorney General, Appellant (Intervening Defendant/Crossclaim Plaintiff/Counterclaim Plaintiff), v. CITY OF EAST CHICAGO, Indiana, Appellee (Third Party Defendant/Intervening Defendant/Third Party Plaintiff/Counterclaim Plaintiff/Crossclaim Plaintiff), East Chicago Second Century, Inc., Appellee (Plaintiff/Counterclaim Defendant/Crossclaim Defendant), Michael A. Pannos and Thomas S. Cappas, Appellees (Crossclaim Defendants). Rih Acquisitions Inc., LLC, d/b/a Resorts East Chicago, Appellee (Defendant/Third Party Plain-tiff/Counterclaim Plaintiff/Crossclaim Defendant), Twin City Education Foundation, Inc., And East Chicago Community Development Foundation, Inc., Appellees (Intervening Plaintiffs/Third Party Defendants/Crossclaim Defendants).

Court of Appeals of Indiana.

March 12, 2008.

Attorney(s) appearing for the Case

Steve Carter, Attorney General of Indiana, Thomas M. Fisher, Solicitor General, Heather L. Hagan, Jeffrey R. Cox, Deputy Attorneys General, Patrick L. Baude, Special Deputy Attorney General, of Counsel, Office of the Attorney General, Indianapolis, IN, Attorneys for Appellants.

J. Lee McNeely, Brady J. Rife, McNeely, Stephenson, Thopy & Harrold, Shelbyville, IN, Attorneys for Appellees: Attorneys for East Chicago Second Century, Inc., Michael A. Pannos and Thomas S. Cappas.

James A. Knauer, William Bock, III, Steven E. Runyan, Kroger, Gardis & Rem, LLP Indianapolis, IN, Attorneys for City of East Chicago.

OPINION

MAY, Judge

The Indiana Attorney General appeals the dismissal of its counterclaim and crossclaim for imposition of a constructive trust and an accounting on money paid to East Chicago Second Century pursuant to a riverboat casino license agreement.

We affirm.

FACTS AND PROCEDURAL HISTORY

In 1994 and 1995, East Chicago and the Showboat Marina Partnership entered into two agreements providing for Showboat's distribution of...

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