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FOREMAN v. STATE EX REL. DEPT. OF NAT. RESOURCES

No. 2-177A23.

387 N.E.2d 455 (1979)

Charles E. FOREMAN and Soucie Construction Company, Inc., Appellants (Defendants below), v. STATE of Indiana On the Relation of the Department of Natural Resources, Appellee (Plaintiff below).

Court of Appeals of Indiana, Fourth District.

March 29, 1979.

Attorney(s) appearing for the Case

Arthur J. Sullivan, Ruth E. Myer, Steers, Sullivan, McNamar & Rogers, Indianapolis, for appellants.

Theodore L. Sendak, Atty. Gen. of Indiana, Wesley T. Wilson, Deputy Atty. Gen., Indianapolis, for appellee.

YOUNG, Judge.

Charles E. Foreman and Soucie Construction Company [appellants-defendants] appeal from a judgment of the trial court finding that they had unlawfully obstructed a floodway of the White River in Marion County.

The State of Indiana by the Department of Natural Resources [State] sought an injunction prohibiting appellants-defendants from making deposits on the floodway of the White River.1 The State also sought...

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