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STATE, DEPT. OF NATURAL RESOURCES v. WINFREY

No. 1-589A137.

419 N.E.2d 1319 (1981)

STATE of Indiana On Relation of the Department of Natural Resources, Appellant-Plaintiff, v. Maud McCorkle WINFREY, Auditor of Posey County, Treasurer of Posey County, Appellees-Defendants.

Court of Appeals of Indiana, Fourth District.

Rehearing Denied June 24, 1981.

Attorney(s) appearing for the Case

Linley E. Pearson, Atty. Gen., Dennis K. McKinney, Deputy Atty. Gen., Indianapolis, for appellant-plaintiff.

K. Richard Hawley, Hawley & Hudson, Mount Vernon, for appellees-defendants.

CHIPMAN, Judge.

The State of Indiana brings this interlocutory appeal from the denial of an application for a writ of assistance. The only issue before us is whether the trial judge abused his discretion by denying the relief requested. We affirm.

This controversy originated in 1972 as an eminent domain proceeding instituted by the State, on behalf of the Department of Natural Resources, against the appellee, Maud Winfrey. The State sought to condemn certain...

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