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DUNN v. CITY OF INDIANAPOLIS

No. 1-383A84.

451 N.E.2d 1122 (1983)

Harry DUNN, Jr., Plaintiff-Appellant, v. CITY OF INDIANAPOLIS and James Highbaugh, Defendants-Appellees.

Court of Appeals of Indiana, First District.

Rehearing Denied September 7, 1983.

Attorney(s) appearing for the Case

Louis Buddy Yosha, Mark C. Ladendorf, Yosha & Cline, Indianapolis, Thomas Brenton, Brenton & Brenton, Danville, for plaintiff-appellant.

Richard S. Ewing, Danford R. Due, Stewart, Irwin, Gilliom, Fuller & Meyer, Robert M. Kelso, Indianapolis, for defendants-appellees.

RATLIFF, Judge.

STATEMENT OF THE CASE

Appellant Harry Dunn, Jr. appeals from a judgment of the Hendricks Circuit Court finding Dunn failed to comply with the notice provision of the Indiana Tort Claims Act. We affirm.

FACTS

On April 6, 1977, Dunn and James Highbaugh, both Indianapolis police officers, went to a tavern while off-duty. Outside the tavern, Highbaugh drew his gun in an exhibition of his quick-draw abilities. The weapon discharged...

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