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STATE YOCKEY v. SUPERIOR CT. OF MARION CTY., R. 6

No. 1173S222.

307 N.E.2d 70 (1974)

STATE of Indiana, ex rel. H. Kirkwood YOCKEY, Relator, v. THE SUPERIOR COURT OF MARION COUNTY, Room No. 6, and Rufus C. Kuykendall, As Judge of the Superior Court of Marion County, Room No. 6, Respondents.

Supreme Court of Indiana.

February 15, 1974.

Attorney(s) appearing for the Case

Stephen M. Coons, Indianapolis, for relator.

Arthur J. Sullivan, David F. McNamar, Steers, Klee, Sullivan & Lemay, Indianapolis, for respondents.

HUNTER, Justice.

This original action is before us on the question of whether a temporary writ of mandate heretofore granted should be made permanent, concerning the trial court's ruling on a motion for change of venue. The sole question presented may be succinctly stated: When, for the purposes of change of venue, are the issues first closed on the merits? The stipulated facts are best summarized by outline form...

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