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SHETTLE v. SMITH

No. 1-381A78.

428 N.E.2d 33 (1981)

John T. SHETTLE, George Lewallen, Roy Stebbing, David Crose, James Theobald, Julian Ridlen, Indiana State Police Advisory Board, Appellants-Respondents, v. Alan K. SMITH, Appellee-Petitioner.

Court of Appeals of Indiana, First District.

November 16, 1981.

Attorney(s) appearing for the Case

Linley E. Pearson, Atty. Gen., David A. Arthur, Deputy Atty. Gen., Indianapolis for appellants-respondents.

Thomas A. Whitsitt, Iddings, Whitsitt & McClure, Lebanon, for appellee-petitioner.

ON PETITION FOR REHEARING

RATLIFF, Judge.

In his Petition for Rehearing Smith contends that our statement of the facts in this case is erroneous. Smith argues that the Board did not deny his request for a continuance and that the Board's letter of December 10, 1979, did not advise him of the fact that the Board did not agree to continue his appeal from the November 28, 1979, hearing. Because our condensation of the facts appears to be misleading we accept...

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