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DELAWARE COUNTY v. POWELL

No. 1-678A160.

382 N.E.2d 958 (1978)

DELAWARE COUNTY Indiana, Board of Commissioners of the County of Delaware, James A. Bartlett, Delaware County Highway Department, and Does I through X, Inclusive, Defendants-Appellants, v. Deloris J. POWELL, Plaintiff-Appellee.

Court of Appeals of Indiana, First District.

Rehearing Denied December 14, 1978.

Attorney(s) appearing for the Case

David S. Wallace, Warner, Peckinpaugh & Wallace, Thomas A. Cannon, Cannon & Burns, Muncie, for defendants-appellants.

P. Gregory Cross, James J. Jordan, Dennis, Cross, Raisor, Jordan & Marshall, Muncie, for plaintiff-appellee.

LOWDERMILK, Judge.

STATEMENT OF THE CASE

This is a negligence action wherein defendants-appellants Delaware County Indiana, Board of Commissioners of Delaware County, James A. Bartlett, Delaware County Highway Department, and Does I through X, inclusive, (the county) bring this interlocutory appeal from the trial court's overruling of their motion for summary judgment.

FACTS

On September 5, 1974 plaintiff-appellee Deloris J. Powell, a California...

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