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SILVERMAN v. CITY OF FORT WAYNE

No. 3-1074A180.

357 N.E.2d 285 (1976)

Louis SILVERMAN and Shirley Silverman, d/b/a Town & Castle Cleaners, Appellants (Plaintiffs below), v. CITY OF FORT WAYNE, Appellee (Defendant below).

Court of Appeals of Indiana, Third District.

December 7, 1976.

Attorney(s) appearing for the Case

Ronald D. Frybarger, Edward E. Beck, Fort Wayne, for appellants.

David B. Keller, David E. Travelstead, William N. Salin, Warren B. Rosenblatt, Leonard E. Eilbacher, William L. Briggs, Fort Wayne, for appellee.

STATON, Presiding Judge.

Louis and Shirley Silverman (Silverman) sued the City of Fort Wayne (City) for damages caused by a riot; Silverman alleged that City promised police protection, that City provided for a brief time the promised protection, that City then withdrew such protection, and that as a direct result of the withdrawal of protection Silverman's property was damaged. The trial court dismissed Silverman's action under Indiana Trial Rule 12(B)(6), failure...

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