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CAESARS RIVERBOAT CASINO, LLC v. KEPHART

No. 31A01-0711-CV-530.

903 N.E.2d 117 (2009)

CAESARS RIVERBOAT CASINO, LLC, Appellant-Plaintiff-Counterclaim Defendant, v. Genevieve M. KEPHART, Appellee-Defendant-Counterclaimant.

Court of Appeals of Indiana.

March 20, 2009.

Attorney(s) appearing for the Case

Gene F. Price, Steven P. Langdon, Frost Brown Todd, LLC, New Albany, IN, Attorneys for Appellant.

Terry Noffsinger, Noffsinger Law, P.C., Evansville, IN, Attorney for Appellee.

OPINION

MATHIAS, Judge.

Caesar's Riverboat Casino, LLC ("Caesar's") filed suit in Harrison Circuit Court alleging that Genevieve M. Kephart ("Kephart") failed to provide funds to cover checks written while gambling at Caesar's establishment. Kephart countersued alleging that Caesar's took advantage of her pathological gambling condition to unjustly enrich itself. Caesar's filed a Trial Rule 12(B)(6) motion on Kephart's counterclaim. The trial court denied...

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