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STATE EX REL. MURRAY v. ESTATE OF HEITHECKER

No. 1-375A55.

338 N.E.2d 313 (1975)

STATE of Indiana On the Relation of the Mental Health Commissioner, William Ellsworth Murray, M.D., Plaintiff-Appellant, v. The ESTATE OF Vera E. HEITHECKER, Deceased, and Albert C. Heithecker As Administrator with the Will Annexed of the Estate of Vera E. Heithecker, Deceased, Defendants-Appellees.

Court of Appeals of Indiana, First District.

December 8, 1975.

Attorney(s) appearing for the Case

Theodore L. Sendak, Atty. Gen., Wesley T. Wilson, Deputy Atty. Gen., Indianapolis, for plaintiff-appellant.

Robert F. Hunt, Norman L. Lowery, Rosenfeld, Wolfe, Frey & Lowery, Terre Haute, for defendants-appellees.

ROBERTSON, Chief Judge.

The State of Indiana on the relation of the Mental Health Commissioner brings this appeal from the trial court's dismissal for want of prosecution of its claim against the estate of Vera Heithecker.

The sole issue upon appeal is whether dismissal was properly entered. We find no abuse of discretion and affirm.

The proceedings below relevant to this appeal are as follows:

On November 10, 1972, the State filed, in the...

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