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CITY OF FORT WAYNE v. CAMERON

No. 3-275A23.

349 N.E.2d 795 (1976)

CITY OF FORT WAYNE, Defendant-Appellant, v. Charles CAMERON, Plaintiff-Appellee.

Court of Appeals of Indiana, Third District.

Rehearing Denied August 2, 1976.

Attorney(s) appearing for the Case

Warren B. Rosenblatt, Associate City Atty., Dale & Rosenblatt, David B. Keller, Parker, Hoover, Keller & Waterman, David A. Travelstead, William N. Salin, City Atty., Leonard E. Eilbacher, Associate City Atty., William L. Briggs, Police Legal Advisor, Fort Wayne, for appellant.

Neil F. Sandler, Howard B. Sandler, Edward N. Smith, Fort Wayne, for appellee.

GARRARD, Judge.

In this appeal we are again confronted with a plaintiff's (Cameron's) attempt to sue a municipality in tort when he did not serve upon the municipality a notice of claim within sixty days after the occurrence complained of.

The statute provides:

"Hereafter no action or actions of any kind for damages arising from any negligence, wilfulness, nuisance or other tort of any civil city or town that causes injury to any person, or loss,...

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