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FIFTH THIRD BANK v. KOHL'S INDIANA, L.P.

No. 82A01-0906-CV-272.

918 N.E.2d 371 (2009)

FIFTH THIRD BANK, Appellant-Defendant, v. KOHL'S INDIANA, L.P., and Kohl's Department Store, Appellees-Plaintiffs.

Court of Appeals of Indiana.

December 18, 2009.

Attorney(s) appearing for the Case

Terry G. Farmer, Catherine A. Nestrick, Bamberger, Foreman, Oswald & Hahn, LLP, Evansville, IN, Attorneys for Appellant.

Peter A. Velde, Eric D. Johnson, Kightlinger & Gray, LLP, Indianapolis, IN, Attorneys for Appellees.

OPINION

NAJAM, Judge.

STATEMENT OF THE CASE

Fifth Third Bank ("Fifth Third") appeals from the trial court's grant of summary judgment in favor of Kohl's Indiana, L.P. and Kohl's Department Store (collectively "Kohl's Indiana"). In its complaint, Kohl's Indiana sought, in relevant part, a judgment requiring the Evansville-Vanderburgh Area Plan Commission ("the Commission") to assign to Kohl's Indiana the proceeds from letters of credit that Fifth...

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