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CAMPBELL v. STATE

No. 869A141.

269 N.E.2d 765 (1971)

Dewain CAMPBELL et al., Appellants, v. STATE of Indiana, Appellee.

Appellate Court of Indiana, Division No. 1.

May 27, 1971.

Attorney(s) appearing for the Case

Bayliff, Harrigan, Cord & Maugans by J. Conrad Maugans, Kokomo, for appellants.

Theodore L. Sendak, Atty. Gen., Thomas C. Mills, Mark Peden, Deputy Attys. Gen., Indianapolis, for appellee.

SULLIVAN, Presiding Judge.

Plaintiffs-Appellants sustained personal injuries as a result of a head-on collision with an automobile in appellants' lane of travel upon a state-maintained highway. The plaintiffs' suit was filed against the state alleging negligence in that after repaving the highway:

"5. The Defendant was guilty of the following acts and omissions, each of which was the proximate cause of the injuries and damages to the plaintiffs:

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