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STATE, DEPT. OF NATURAL RESOURCES v. MORGAN

No. 1-581A161.

432 N.E.2d 59 (1982)

STATE of Indiana, Department of Natural Resources, Defendant-Appellant, v. Elsie Evelyn MORGAN, As Personal Representative of the Estate of James Morgan, Deceased, David Morgan, and Union Bank and Trust, Guardian of Joyce Lynn Morgan, Plaintiffs-Appellees, v. Board of Commissioners of Clay County, Defendants.

Court of Appeals of Indiana, First District.

Rehearing Denied April 21, 1982.

Attorney(s) appearing for the Case

Linley E. Pearson, Atty. Gen., Terry G. Duga, Deputy Atty. Gen., Indianapolis, for defendant-appellant.

Vernon J. Petri, John J. Fuhs, Petri, Fuhs & Doehrman, Spencer, for plaintiffs-appellees.

RATLIFF, Presiding Judge.

STATEMENT OF THE CASE

State of Indiana, Department of Natural Resources (Department), appeals from a judgment rendered against it on appellees' claims of negligence. We reverse.

STATEMENT OF THE FACTS

In 1964, 1965, and 1966, Central Coal and Clay Company, Inc., received permits from Department pursuant to the 1941 Indiana Strip Mining Law (Strip Mining Law) to do surface or strip mining on a tract of land located...

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