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STATE EX REL. DILLON v. SHEPP

No. 1-274A27.

332 N.E.2d 815 (1975)

STATE of Indiana On the Relation of John J. Dillon, Attorney General of Indiana, Plaintiff-Appellant, v. Dr. B.F. SHEPP et al., Defendants-Appellees.

Court of Appeals of Indiana, First District.

Rehearing Denied October 1, 1975.

Attorney(s) appearing for the Case

Theodore L. Sendak, Atty. Gen., A. Frank Gleaves, III, Deputy Atty. Gen., Indianapolis, for plaintiff-appellant.

Jeffrey R. Kinney, Joe S. Hatfield, John E. Early, Robert F. Stayman, Charles C. Griffith, Timothy R. Dodd, Joseph W. Annakin, Jerry P. Baugh, John G. Bunner, Michael McCray, Cox, Schroeder, Dodd, Staser & Mitchell, Clark, Statham, McCray & Gowdy, Evansville, for defendants-appellees; Bamberger, Foreman, Oswald & Hahn, Fine, Hatfield, Sparrenberger & Fine, Early, Arnold, & Ziemer, Lacey, Terrell, Annakin, Heldt & Baugh, Johnson, Carroll & Griffith, Evansville, of counsel.

ROBERTSON, Chief Judge.

The State, plaintiff-appellant, brings this appeal from a negative judgment entered on its complaint for negligence against members of the Evansville-Vanderburgh Metropolitan Plan Commission, the defendants-appellees.

For reasons expressed herein, we dismiss the appeal.

The suit was initiated on the basis of a 1968 audit of the Commission by the State Board of Accounts. The examiners concluded that there was a discrepancy between...

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