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PALMER v. STATE

No. 1-576A80.

363 N.E.2d 1245 (1977)

Gary W. PALMER and Richard Palmer, Plaintiffs-Appellants, v. The STATE of Indiana, the City of Tell City, a Municipal Corporation, Joseph Merimee, and Richard M. Simpson, Defendants-Appellees.

Court of Appeals of Indiana, First District.

May 31, 1977.

Attorney(s) appearing for the Case

Gerald G. Fuchs, Raymond P. Knoll, Evansville, for plaintiffs-appellants.

Theodore L. Sendak, Atty. Gen., Walter F. Lockhart, Deputy Atty. Gen., Indianapolis, Ralph P. Zoercher, Zoercher, Becker & Huber, Tell City, for defendants-appellees.

ROBERTSON, Chief Judge.

From a grant of summary judgment to defendants State of Indiana, City of Tell City, and Richard Simpson, plaintiffs-appellants, Gary and Richard Palmer (Palmer), bring this appeal.

Palmer raises the following five issues for our review:

1. Whether the trial court erred in considering as evidence certain supporting affidavits.

2. Whether the trial court erred in failing to...

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