FEBRUARY 2000 SITTING


OF THE SUPREME COURT


February 2

9:30 a.m.         Midwest Security Life Insurance Co.
v. Theresa A. and Patrick J. Stroup

        The Boone Superior Court denied Midwest's motion
for summary judgment and its motion to strike the Stroups' request for jury trial. On interlocutory appeal, the Court of Appeals reversed after concluding that ERISA preempts the Stroups' common law claims and that Stroups would not have been entitled to a jury trial even if they had pled ERISA claims. 706 N.E. 2d 201 (Ind. Ct. App. 1999).
The Stroups request transfer.

                 Attorney for Midwest
                Alan J. Irvin
                Indianapolis, IN
                 Attorney for Stroup
                Mary J. Hoeller
                Indianapolis, IN

February 9

9:30 a.m.         Farm Credit Services of Mid-America
     v. Indiana Department of Revenue

        The Department of State Revenue denied a request by Farm Credit Services of Mid-America ("Farm Credit") for a refund of financial institution taxes it had paid. Mid-America appealed to the Tax Court. In an earlier case, The Tax Court concluded that Farm Credit is a federal instrumentality. See Farm Credit Services of Mid-America v. Department of Revenue , 677 N.E.2d 645, 650 (Ind. Tax 1997), review denied. In this case the Tax Court concluded that Farm Credit is immune from taxation by the State and is entitled to the requested refund. See Farm Credit Services of Mid-America v. Department of Revenue , 705 N.E.2d 1089 (Tax. Ct. 1999). The Supreme Court has granted the Department of Revenue's petition for review.

             Attorney for Farm Credit
            Thomas Borders
            Chicago, IL
             Attorney for Dept. of Revenue
            Jon Laramore
            Indianapolis, IN

February 16

9:30 a.m.     GKN Co. f/n/a Gust K. Newberg Construction Co. v. Larry Magness

    GKN Co. hired a trucking company that employed Larry Magness. Magness was injured on the job and sued GKN. GKN moved to dismiss for lack of subject matter jurisdiction. GKN claimed Magness was not only an employee of the trucking company but was also a GKN employee, and therefore his exclusive remedy was the Worker's Compensation Act. The Marion Superior Court denied GKN's motion to dismiss. The Court of Appeals reversed. Magness seeks transfer to the Indiana Supreme Court.

                 Attorney for GKN
                James H. Young
                Indianapolis, IN
         Attorneys for Larry Magness
                Ronald J. Waicukauski
                Indianapolis, IN
William H. Kelley
                Bloomington, IN 47402