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STATE v. SUPERIOR COURT OF MARION COUNTY, ROOM NO. 3

No. 174S2.

308 N.E.2d 694 (1974)

STATE of Indiana On the Relation of Irwin Katz, Relator, v. The SUPERIOR COURT OF MARION COUNTY, ROOM NO. 3 and Glenn W. Funk As Judge of Superior Court of Marion County, Room 3, Respondents.

Supreme Court of Indiana.

March 29, 1974.

Attorney(s) appearing for the Case

Marvin Mitchell and Irwin J. Prince, Indianapolis, for relator.

John C. Carvey, Richard P. Watson, Carvey, Watson & McNevin, Indianapolis, for respondents.

HUNTER, Justice.

This is an original action wherein the relator prays for an alternative writ of mandate to issue as a result of the trial court's ruling on a motion for change of venue. The sole question presented is whether the motion for change of venue was timely filed. The stipulated facts may be briefly stated:

(1) April 6, 1973 — Plaintiff files his complaint. (2) May 24, 1973 — Relator files his answer and a counterclaim.<...

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