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OSBORNE v. STATE

No. 1-681A196.

439 N.E.2d 677 (1982)

Benjamin A. OSBORNE, and Hartford Accident and Indemnity Company, Defendants-Appellants, v. STATE of Indiana, Plaintiff-Appellee.

Court of Appeals of Indiana, First District.

Rehearing Denied October 19, 1982.

Attorney(s) appearing for the Case

Patrick E. Chavis, III, Joseph C. Lewis, Jr., Indianapolis, for defendants-appellants.

Linley E. Pearson, Atty. Gen., Mark J. Tidd, Deputy Atty. Gen., Indianapolis, for plaintiff-appellee.

RATLIFF, Presiding Judge.

STATEMENT OF CASE

Benjamin A. Osborne, Center Township Trustee of Marion County, Indiana, and Hartford Accident and Indemnity Insurance Company (Osborne) appeal from summary judgment entered in favor of the State of Indiana upon its complaint to recover public funds. We reverse and remand.

FACTS

The State brought this action pursuant to Indiana Code §§ 5-11-1-9 and 35-22-8-5 to recover public funds owing...

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