IND. STATE HIGHWAY COM'N v. AMOCO OIL CO.

No. 2-278A50.

406 N.E.2d 1222 (1980)

INDIANA STATE HIGHWAY COMMISSION, State of Indiana, Appellant (Plaintiff below), v. AMOCO OIL COMPANY (STANDARD OIL COMPANY), Appellee (Defendant below).

Court of Appeals of Indiana, Fourth District.

Rehearing Denied August 22, 1980.


Attorney(s) appearing for the Case

Theo. L. Sendak, Atty. Gen., Daniel P. Miller, Deputy Atty. Gen., Indianapolis, for appellant.

William P. Wooden, John D. Nell, Wooden, McLaughlin & Sterner, Indianapolis, Stuart, Branigin, Ricks & Schilling, Lafayette, for appellee.


YOUNG, Judge.

The Indiana State Highway Commission [Commission] appeals from the grant of summary judgment in favor of Amoco Oil Company. The Commission sought to enjoin Amoco from maintaining a sign in Tippecanoe County near the exit ramp of the I-65 and S.R. 26 interchange. The trial court, on motion by Amoco, found that there existed no genuine issue of material fact and Amoco was entitled to summary judgment. We reverse.

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