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STATE v. NEWBERN

No. 1-679A162.

398 N.E.2d 683 (1979)

STATE of Indiana, Plaintiff-Appellant, v. Paul H. NEWBERN, the Travelers Indemnity Company, and Indiana Insurance Company, Defendants-Appellees.

Court of Appeals of Indiana, First District.

December 26, 1979.

Attorney(s) appearing for the Case

Theodore L. Sendak, Atty. Gen., Jack R. O'Neill, Deputy Atty. Gen., Indianapolis, for plaintiff-appellant.

Marvin E. Clanin, Anderson, Steven J. Strawbridge, Indianapolis, for defendants-appellees.

LOWDERMILK, Presiding Judge.

STATEMENT OF THE CASE

Plaintiff-appellant State of Indiana brings this appeal after the Henry Circuit Court granted summary judgment in favor of defendants-appellees Paul H. Newbern, The Travelers Indemnity Company, and Indiana Insurance Company in the State's action to recover $104,711.49 allegedly misspent by Newbern while he served as Controller of the City of Anderson.

FACTS

In 1969 the Common Council for...

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