BAKER v. AMERICAN METAL CLIMAX CORPORATION

No. 1173S235.

307 N.E.2d 49 (1974)

Richard L. BAKER, for Himself and On Behalf of All the Members of the Motoring Public of the State of Indiana Who Do or May Use State Highway 46 in Vigo County, Indiana, East of Riley, Indiana, Plaintiff, v. AMERICAN METAL CLIMAX CORPORATION et al., Defendants.

Supreme Court of Indiana.

February 12, 1974.


Attorney(s) appearing for the Case

Hansford C. Mann, Mann, Mann, Chaney, Johnson & Hicks, Terre Haute, for plaintiff.

Tofaute & Spelman, Terre Haute, Ice, Miller, Donadio & Ryan, Indianapolis, for defendants.


PRENTICE, Justice.

This matter is before us upon the Trial Rule 53.1, IC 1971, 34-5-1-1, Notice of Withdrawal of Submission issued to this Court by the Clerk of the Vigo Circuit Court in the above entitled cause and the verified motion of the Honorable Samuel E. Beecher, Jr., Special Judge, to strike said notice and his brief in support of said motion, all of which have been fully considered.

A Motion to Correct Errors was filed by the defendant on October...

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