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KELLAM EXCAVATING v. COMMUNITY STATE BANK

Court of Appeals Case No. 09A02-1704-PL-760.

82 N.E.3d 928 (2017)

KELLAM EXCAVATING, INC., Appellant-Intervening Defendant, v. COMMUNITY STATE BANK, Appellee-Intervening Plaintiff.

Court of Appeals of Indiana.

September 25, 2017.

Attorney(s) appearing for the Case

ATTORNEYS FOR APPELLANT: Mark S. Fryman, Jr. , Scott L. Starr , Starr Austen & Miller, LLP, Logansport, Indiana.

ATTORNEYS FOR APPELLEE: Mark R. Wenzel , Debra A. Mastrian , Martha R. Lehman , SmithAmundsen LLC, Indianapolis, Indiana.

Community State Bank (the Bank) provided financing to Sagamore Warehouse, LLC (Sagamore), for the construction of a fertilizer plant by Kellam Excavating, Inc. (Kellam), on property Sagamore leased from Winamac Southern Railway Company (Winamac). Kellam did not receive full payment for its work and filed a mechanic's lien. After Sagamore...

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