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CITY SAVINGS BANK v. EBY CONSTRUCTION, LLC

No. 64A03-1012-MF-611.

954 N.E.2d 459 (2011)

CITY SAVINGS BANK n/k/a LaPorte Savings Bank, Appellant, v. EBY CONSTRUCTION, LLC, Appellee.

Court of Appeals of Indiana.

August 5, 2011.

Attorney(s) appearing for the Case

Jeffrey A. Johnson , Trevor Q. Gasper , May • Oberfell • Lorber, Mishawaka, IN, Attorneys for Appellant.

R. John Wray , Wray Law Office, Fort Wayne, IN, Attorney for Appellee.

OPINION

CRONE, Judge.

Case Summary

A construction company filed a complaint to foreclose on a mechanic's lien seeking recovery of the cost of labor and materials it provided during the construction of certain buildings and other facilities on commercial real estate owned by a trust. The bank that had loaned the money to the trust to fund the construction, which loans were secured by mortgages on the real estate, cross-claimed and then moved for...

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