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STATE EX REL. ZELLERS v. ST. JOSEPH C.C.

No. 30,502.

247 Ind. 394 (1966)

216 N.E.2d 548

STATE EX REL. ZELLERS v. ST. JOSEPH CIRCUIT COURT, NYIKOS, JUDGE.

Supreme Court of Indiana.

Filed May 13, 1966.

Attorney(s) appearing for the Case

Benjamin Piser, Myron J. Hack, Alexander Lysohir, and Piser, Lysohir & Hack, of South Bend, for relator.

Joseph W. Nyikos, pro se and S.J. Crumpacker, Thomas L. Murray. Crumpacker, May, Levy & Searer, and Oare, Thornburg, McGill & Deahl, of South Bend, for respondent.

JACKSON, J.

This matter comes to us on a verified petition for an Alternative Writ of Mandate and Prohibition growing out of the dismissal of a complaint for damages filed by the relator as plaintiff in the respondent court.

The facts alleged in the petition are substantially as follows:

On the 21st day of November, 1960, relator (as plaintiff) caused to be filed in the office of the clerk of the respondent...

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