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IND. STATE HIGHWAY COM'N v. VANDERBUR

No. 1-280A33.

434 N.E.2d 575 (1982)

INDIANA STATE HIGHWAY COMMISSION, Defendant-Appellant, v. Judy VANDERBUR, Administratrix of the Estate of Edward Evans Vanderbur, Deceased, Plaintiff-Appellee, Carolyn J. Redmon, Administratrix of the Estate of James R. Redmon, Deceased, Cross-Plaintiff-Appellee.

Court of Appeals of Indiana, First District.

Decided April 27, 1982.

Transfer Denied July 7, 1982.

Attorney(s) appearing for the Case

Theodore L. Sendak, Atty. Gen., Linley E. Pearson, Atty. Gen., Robert F. Hassett, Deputy Atty. Gen., Indianapolis, for defendant-appellant.

Leon D. Cline, Cline, King & Beck, Columbus, Lineback & Lewis, P.C., Greenfield, for Vanderbur.

Vernon J. Petri, Petri & Fuhs, Indianapolis, George B. Davis, Davis & Davis, Greenfield, for Redmon.

ON PETITION FOR REHEARING

NEAL, Judge.

Each Appellee's Petition for Rehearing raises the issue of retroactive application of Lewis v. State, (1980) Ind. App., 409 N.E.2d 1276, transfer granted 424 N.E.2d 107, and the further issue that the supplemental instruction was not in fact an "Allen charge" proscribed in Lewis, supra.

In the cases of Lewis, supra...

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