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STATE v. INNKEEPERS OF NEW CASTLE, INC.

No. 1-1077A236.

375 N.E.2d 1129 (1978)

STATE of Indiana, Appellant (Plaintiff below), v. INNKEEPERS OF NEW CASTLE, INC., Appellee (Defendant below).

Court of Appeals of Indiana, First District.

Rehearing Denied June 23, 1978.

Attorney(s) appearing for the Case

Theodore L. Sendak, Atty. Gen., Dennis K. McKinney, Deputy Atty. Gen., Indianapolis, for appellant.

Robert J. Maley, Jr., Harrington, Maley, Gardner & Sayre, Richmond, James C. Cordes, Cordes, Baker & Bodwell, Connersville, for appellee.

ROBERTSON, Judge.

Plaintiff-appellant, State of Indiana (State) filed eminent domain proceedings against Andrew and Lucille Tabor in December, 1969, to appropriate certain strips of property bordering upon and access rights to Indiana State Road 3 near New Castle. In September, 1971, State moved to join defendant-appellee Innkeepers of New Castle, Inc. (Innkeeper) as a party defendant, and this motion was subsequently granted. Separate trials for Innkeeper and for...

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