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COHN v. STATE EX REL. NESTER

No. 371S83.

272 N.E.2d 452 (1971)

Joe COHN, Appellant, v. STATE of Indiana ex rel. Henry G. Nester, Director Division of Public Health, the Health and Hospital Corp. of Marion County, Indiana, a Municipal Corporation, Appellee.

Supreme Court of Indiana.

August 31, 1971.

Attorney(s) appearing for the Case

James E. Bath, Hartmam & Bath, Indianapolis, for appellant.

Michael V. Gooch, Harrison, Moberly, Wallace & Gaston, Indianapolis, for appellee.

GIVAN, Judge.

The appellee brought this action for a mandatory injunction to require the clearing of debris from the appellant's truck parts salvage yard located near the downtown area of Indianapolis. After hearing the evidence the trial court made the following finding and judgment:

"Comes now the Court and the Court having heard the evidence and being duly advised in the premises and having heretofore taken Finding and Judgment under advisement now finds...

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