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STATE v. BAYSINGER

Nos. 1078S202, 978S193 and 1078S227.

397 N.E.2d 580 (1979)

STATE of Indiana, Appellant, v. Connie Sue BAYSINGER et al., Appellee. State of Indiana, and Lake County Prosecutor, Appellant, v. SUE CLARK, Appellee. City of South Bend, Michael Borkowski, Dean Bolerjack, Indiana State Police, William E. Voor, Jr., Appellants, v. KITTY KAT LOUNGE, Inc., Donald E. Senst D/B/a the Spot Bar Riverview Lounge, Inc., Appellees.

Supreme Court of Indiana.

Rehearings Denied February 4, 1980.

Attorney(s) appearing for the Case

Theodore L. Sendak, Atty. Gen., Jane M. Gootee, Deputy Atty. Gen., Indianapolis, for appellants.

Jerrald A. Crowell, Fort Wayne, for appellee Connie Sue Baysinger et al.

Lee J. Christakis, Richard C. Wolter, Jr., Gary, for appellee Sue Clark.

Robert L. Stephan, South Bend, for appellee Kitty Kat Lounge, Inc., Donald E. Senst d/b/a The Spot Bar Riverview Lounge, Inc.

PIVARNIK, Justice.

The Indiana Supreme Court has exclusive jurisdiction of these causes pursuant to Ind. R.Ap.P. 4(A)(8) since these are appealable cases in which a state statute, Ind. Code 35-45-4-1 (Burns Supp. 1978) has been held to be unconstitutional by trial courts.

In the Clark case plaintiff filed a complaint for declaratory judgment against the State of Indiana which was amended on November 28, 1977. The Lake County Prosecutor's office filed...

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