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SCATES v. STATE

No. 3-1176A282.

383 N.E.2d 491 (1978)

Oma SCATES, Appellant, v. STATE of Indiana, Indiana State Highway Commission, Appellees.

Court of Appeals of Indiana, Third District.

December 27, 1978.

Attorney(s) appearing for the Case

Douglas M. Grimes, Gary, for appellant.

Theo. L. Sendak, Atty. Gen., David L. Steiner, Deputy Atty. Gen., Indianapolis, for appellees.

STATON, Presiding Judge.

Oma Scates appeals from the dismissal of her complaint for damages. The trial court found that Scates' complaint "fails to state a claim against defendants upon which relief can be granted in that the action has not been brought within the appropriate statutory period... ." We affirm.

Scates' land (53 square feet) was taken1 by the State for the purpose of highway construction in 1958. Although the State...

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