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STATE v. FLANIGAN

No. 1-985A222.

489 N.E.2d 1216 (1986)

STATE of Indiana; Fountain County, Indiana; Ben Bowles, Ed Grubbs, Fern Cooper, Commissioners of Fountain County, Indiana; Bill Prince and Marilyn Prince, Defendants-Appellants, v. James F. FLANIGAN and William Eric Flanigan, Plaintiffs-Appellees.

Court of Appeals of Indiana, First District.

Rehearing Denied April 23, 1986.

Attorney(s) appearing for the Case

John L. Asbury, Rockville, Linley E. Pearson, Atty. Gen. Bruce L. Kamplain, Deputy Atty. Gen., Indianapolis, for defendants-appellants.

Don P. Campbell, Covington, for plaintiffs-appellees.

RATLIFF, Judge.

STATEMENT OF THE CASE

The State of Indiana appeals the denial of its motion for judgment on the pleadings. Bill Prince and Marilyn Prince appeal the denial of their motion for summary judgment. We reverse as to both issues.

FACTS

The essential facts alleged by the plaintiffs, James F. Flanigan and William Eric Flanigan are that Princes owned and operated a flea market business adjacent to the intersection of State Road 234...

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