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BARNEY v. STONEMOR OPERATING LLC

No. 41A04-1103-MF-96.

953 N.E.2d 554 (2011)

Smith BARNEY, Appellant-Defendant, v. STONEMOR OPERATING LLC, et al., Appellees-Plaintiffs.

Court of Appeals of Indiana.

August 22, 2011.

Attorney(s) appearing for the Case

F. Anthony Paganelli , Geoffrey G. Slaughter , Taft Stettinius & Hollister LLP, Indianapolis, IN, Attorneys for Appellant.

James L. Petersen , Fred R. Biesecker , Donald M. Snemis , Brian J. Paul , Ice Miller LLP, Indianapolis, IN, Attorneys for Appellees StoneMor Entities and Independence Trust Company.

OPINION

CRONE, Judge.

Case Summary

The trial court placed a mortuary business in receivership after its former owners alleged that the current owner had stolen millions of dollars from cemetery trusts that had been established pursuant to Indiana law to ensure the perpetual upkeep of prepaid burial plots and the delivery of prepaid funeral merchandise and services. The trial court ordered the receiver to take control of the business's operations...

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