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MILLER v. INDIANA STATE HIGHWAY DEPT.

No. 43A04-8602-CV-43.

514 N.E.2d 93 (1987)

Alvin MILLER and Lydia Miller, Appellants (Plaintiffs below), v. INDIANA STATE HIGHWAY DEPARTMENT, Board of Commissioners of Marshall County, Indiana, Appellees (Defendants below). Robert Breeden, Joyce Breeden, and Garnetta Light, Appellants (Plaintiffs below), v. Indiana State Highway Department and Board of Commissioners of Marshall County, Appellees (Defendants below).

Court of Appeals of Indiana, Fourth District.

October 15, 1987.

Attorney(s) appearing for the Case

R. Kent Rowe, Jerry E. Huelat, Gerald A. Kamm, Doran, Manion, Boynton, Kamm & Esmont, South Bend, Donald J. Parker, Chicago, Ill., for appellants.

Linley E. Pearson, Atty. Gen., Robert F. Hassett, Deputy Atty. Gen., Indianapolis, Edward N. Kalamaros, Thomas F. Cohen, South Bend, for appellees.

PER CURIAM.

On June 9 and 10, 1987, we received petitions for rehearing from Alvin and Lydia Miller, Robert and Joyce Breeden, Garnetta Light and the Indiana State Highway Department. We grant rehearing for the limited purpose of addressing the following allegations of error:

1. This Court erroneously stated that the Court's Final Instruction No. 9 was given without objection; and 2. This Court erroneously determined that the Millers had waived...

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