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JOLLY v. MODISETT ET AL.

No. 1271S348.

257 Ind. 426 (1971)

275 N.E.2d 780

LEWIS E. JOLLY v. JACKSON W. MODISETT ET AL.

Supreme Court of Indiana.

Filed December 1, 1971.

Attorney(s) appearing for the Case

Roger L. Pardieck, of Seymour, William Prime, of Madison, Harold H. McConnell, of North Vernon, for plaintiff.

Eugene Cooper, Cooper, Cox, Jacobs & Kemper, of Madison, for defendants.

PRENTICE, J.

This matter is before us on application of the defendant (petitioners, Jackson W. Modisett, et al.) for appointment of a special judge under Trial Rule 53.1 (A). Petitioners, on July 15, 1971, filed in the trial court a praecipe captioned "Request for Notice" addressed to the clerk of that court. This praecipe recited that the trial judge, following trial of the cause to the court, took the cause under advisement on September 24, 1970, with leave to parties...

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