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FOSTER v. NEW

No. 1-180A27.

407 N.E.2d 271 (1980)

Andrew FOSTER, Appellant (Plaintiff below), v. Leroy K. NEW, Appellee (Defendant below).

Court of Appeals of Indiana, First District.

July 15, 1980.

Attorney(s) appearing for the Case

Forrest Bowman, Bowman, Visher & Dillon, Indianapolis, for appellant.

Robert D. Hollingsworth, Indianapolis, for appellee.

NEAL, Judge.

STATEMENT OF THE CASE

This is a cause of action for libel initiated by the appellant Andrew Foster against Noble R. Pearcy and Leroy K. New. At the time of certain of the allegedly defamatory statements, Pearcy was the prosecuting attorney for Marion County and New was his deputy; Foster was being investigated by a grand jury concerning illegal drug operations. Pearcy filed a motion to dismiss under Ind.Rules of Procedure, Trial Rule 12(B)(6...

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