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INDIANA STATE HIGHWAY COM'N v. DAILY EXP., INC.

No. 32A01-8605-CV-123.

503 N.E.2d 1237 (1987)

INDIANA STATE HIGHWAY COMMISSION, Appellant (Defendant below), v. DAILY EXPRESS, Inc., Appellee (Plaintiff below).

Court of Appeals of Indiana, First District.

February 18, 1987.

Attorney(s) appearing for the Case

Linley E. Pearson, Atty. Gen., Stephen C. McNutt, Deputy Atty. Gen., Office of Atty. Gen., Indianapolis, for appellant.

Franklin A. Safrin, J. Richard Kiefer, Indianapolis, for appellee.

ROBERTSON, Judge.

This case comes to us on appeal from a judgment rendered in favor of Daily Express, Inc. (Daily), appellee-plaintiff, against the Indiana State Highway Commission (State), appellant-defendant.

We reverse.

Daily specializes in the interstate transportation of over-dimensional freight by truck. In June of 1981, the State closed one lane of Interstate 70, east of State Road One, in Wayne County for resurfacing. Daily sent a semidriver...

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