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STATE EX REL. NEESE v. MONTGOMERY CIRCUIT COURT

No. 879S227.

399 N.E.2d 375 (1980)

STATE of Indiana, On the Relation of Jerry Neese, Mrs. Jerry Neese, Earl William Neese, Neese Printing Co., D/B/a Mid-State Newspapers, Inc., M. Dale Palmer, and Harlan H. Hinkle, Relators, v. MONTGOMERY CIRCUIT COURT, Honorable Thomas K. Milligan, As Judge of the Montgomery Circuit Court, Respondents.

Supreme Court of Indiana.

February 4, 1980.

Attorney(s) appearing for the Case

Harlan H. Hinkle, Palmer, Hinkle, Keck & Webb, Danville, for relators.

Arthur N. Northrup, Martz, Beattey, Hinds & Wallace, Indianapolis, for respondents.

HUNTER, Justice.

This is an original action filed by relators following our denial of a temporary writ of mandate and prohibition. The issue raised by relators is whether or not in a suit for an accounting by a minority shareholder the trial court has authority to order an independent audit of the corporation's books after the trial but before a final judgment is rendered. We now find that the question presented is not a proper subject for an original action and therefore...

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