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GILMER v. BOARD OF COM'RS OF MARSHALL COUNTY

No. 3-1280A397.

439 N.E.2d 1355 (1982)

Walter H. GILMER and Helen Gilmer, Appellants (Defendants below) v. BOARD OF COMMISSIONERS OF MARSHALL COUNTY, Indiana, Appellee (Plaintiff below).

Supreme Court of Indiana.

October 4, 1982.

Attorney(s) appearing for the Case

Marshall F. Kizer, Kizer, Neu, Joyce, Hite, Wyland, Wagner & Gifford, Plymouth, for appellants.

Eugene N. Chipman, Chipman, Humphrey & Chipman, Kenneth M. McDermott, McDermott Law Office, Plymouth, for appellee.

Petition for transfer denied.

HUNTER, Justice, dissenting to denials of transfer.

I must respectfully dissent to this Court's refusal to grant the petitions to transfer filed in the above-entitled cause. Therein, both the defendants, Walter and Helen Gilmer, and the plaintiff, the Board of Commissioners of Marshall County, seek review of the Court of Appeals' opinion found at Gilmer v. Board of Commissioners of Marshall County, (1981) Ind. App.,

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