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SCOTTSDALE MALL v. STATE OF INDIANA

No. IP 74-688-C.

418 F.Supp. 296 (1976)

SCOTTSDALE MALL, an Ohio Limited Partnership, Plaintiff, v. STATE OF INDIANA et al., Defendants.

United States District Court, S. D. Indiana, Indianapolis Division.

April 2, 1976.

Attorney(s) appearing for the Case

Harrison Smith, Columbus, Ohio, William Wooden, of firm of Wooden, Stark, McLaughlin & Sterner, Indianapolis, Ind., for plaintiff.

Theodore Sendak, Atty. Gen. of Indiana by Anthony J. Metz, III, Deputy Atty. Gen., James Young, U. S. Dist. Atty. by Thomas L. Bose, Asst. U. S. Atty., Indianapolis, Ind., for defendants.

MEMORANDUM OPINION

NOLAND, District Judge.

Plaintiff herein is an Ohio limited partnership operating a shopping center complex in South Bend, Indiana, doing business as Scottsdale Mall. The defendants are the Indiana State Highway Commission (hereinafter ISHC) and its individual members acting for and on behalf of the State of Indiana. See, Ind.Code 1976 §§ 8-13-3-7, 8-13-5-8, 8-13-5-12.

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