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COM'R, IND. STATE HIGHWAY DEPT. v. COLLINS

No. 2-378A90.

413 N.E.2d 982 (1980)

COMMISSIONER, Indiana State Highway Department, Appellant (Defendant below), v. Omar COLLINS, Appellee (Plaintiff below).

Court of Appeals of Indiana, Second District.

December 29, 1980.

Attorney(s) appearing for the Case

Theodore L. Sendak, Atty. Gen., Thomas D. Strodtman, Asst. Atty. Gen., G. Richard Potter, Deputy Atty. Gen., Indianapolis, for appellant.

Patrick J. Bennett, Richards, Bennett & Bravard, Indianapolis, for appellee.

SHIELDS, Judge.

ON PETITION FOR REHEARING

Omar Collins (Collins) petitions for rehearing claiming that this court's Memorandum Decision handed down October 9, 1979 (Sullivan, J., dissenting) was erroneous in that it did not require a demonstration of prejudice in reversing a summary judgment entered before the ten day waiting period required by Ind. Rules of Procedure, Trial Rule 56(C) had expired.

Rehearing Granted.

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