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COFFEY v. WININGER

No. 572A224.

296 N.E.2d 154 (1973)

Lesta Marie COFFEY et al., Defendants-Appellants, v. Roy D. WININGER and Lenore A. Wininger, Husband and Wife, Plaintiffs-Appellees.

Court of Appeals of Indiana, Third District.

Rehearing Denied June 25, 1973.

Attorney(s) appearing for the Case

Frank E. Spencer, Indianapolis, for defendants-appellants.

Robert L. Stevenson, Stevenson & Marshall, Columbus, for plaintiffs-appellees.

HOFFMAN, Chief Judge.

Plaintiffs Roy D. Wininger and Lenore A. Wininger (Wininger) were the owners of a tract of land in Brown County, Indiana, which abutted an 8.45 acre tract owned by Lesta Marie Coffey, James W. Coffey and Esta Laverne Berry (all defendants will be collectively referred to in this opinion as Coffey). These two tracts of land bordered State Road 46 near the entrance to Brown County State Park.

State Road 46 is a limited access highway. The...

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