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STATE EX REL. SMITH v. DELAWARE COUNTY, ETC.

No. 982S373.

442 N.E.2d 978 (1982)

STATE of Indiana, ex rel. Gregory B. Smith and Judy Sprankle, Co-Administrators of the Estate of Hugh R. Dempsey, Deceased, Relators, v. THE DELAWARE COUNTY SUPERIOR COURT AND THE HONORABLE ROBERT L. BARNET, As Judge Thereof, Respondents.

Supreme Court of Indiana.

December 8, 1982.

Attorney(s) appearing for the Case

Geoffrey A. Rivers, Joseph M. Speece, Muncie, for respondents.

Gregory B. Smith, Smith & Smith, Muncie, for relators.

GIVAN, Chief Justice.

On September 27, 1982, this Court denied Relators' Petition for Alternate Writ of Mandamus and Writ of Prohibition. With this opinion we hereby ratify denial of the writ.

The relevant facts in the case are as follows. On November 30, 1981, a divorce was granted by Respondent court to Nina E. Dempsey from Hugh A. Dempsey. Hugh A. Dempsey had indicated in answers to interrogatories filed in the divorce proceeding that he had cash assets...

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