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BELLEW v. BYERS

No. 1-578A110.

382 N.E.2d 1318 (1978)

Robert F. BELLEW, Stanley B. Sims, Sr., Virginia (Sims) Bellew, Stanley B. Sims, Jr., Kimberly F. Sims and Thea Bellew, Plaintiffs-Appellants, v. Randall Scott BYERS, State of Indiana, Indiana National Guard and Indiana State Highway Commission, Defendants-Appellees.

Court of Appeals of Indiana, First District.

December 5, 1978.

Attorney(s) appearing for the Case

Mark Peden, Foley, Foley & Peden, Martinsville, for plaintiffs-appellants.

Glenn E. Davis, Sr., Davis & Davis, Indianapolis, for Byers and the State.

Theodore L. Sendak, Atty. Gen. of Indiana, Terry G. Duga, Deputy Atty. Gen., Indianapolis, for the State and State Highway Commission.

LOWDERMILK, Judge.

STATEMENT OF THE CASE

Plaintiffs-appellants Robert F. Bellew, Stanley B. Sims, Sr., Virginia (Sims) Bellew, Stanley B. Sims, Jr., Kimberly F. Sims, and Thea Bellew (the Bellews and the Sims) appeal after the trial court granted the motion for summary judgment filed by defendants-appellees Randall Scott Byers, State of Indiana, Indiana National Guard, and Indiana State Highway Commission (Byers and the State).

We reverse.

...

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