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STATE EX REL. INDIANA SUBURBAN SEWERS, INC. v. HANSON

No. 373S57.

296 N.E.2d 660 (1973)

STATE of Indiana, On the Relation of Indiana Suburban Sewers, Inc., and Suburban Services, Inc., Relators, v. Robert D. HANSON, Clerk of the Allen Circuit Court, Allen County, Indiana, Respondent.

Supreme Court of Indiana.

May 30, 1973.

Attorney(s) appearing for the Case

Arthur H. Gemmer, Indianapolis, Richard W. George, Fort Wayne, for relators.

John L. Woolling, Fred E. Schlegel, Baker & Daniels, Indianapolis, for intervenor, American Fletcher Nat. Bank & Trust Co.

William E. Harris, Torborg, Miller, Moss, Harris & Sowers, Fort Wayne, for intervenor, John Dehner, Inc.

Thomas E. Ruzzo, Asst. Allen County Atty., Fort Wayne, for respondent.

ORIGINAL ACTION

HUNTER, Justice.

This cause is before this Court by means of an original action under TR. 53.1, IC 1971, 34-5-1-1. The relator, Indiana Suburban Sewers, Inc. (hereinafter referred to as Suburban), contends that more than thirty (30) days elapsed without the trial court ruling on a motion made by Suburban.

The facts are as follows:

1. On December 20, 1972, a default judgment was entered against Suburban.

2. On February...

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