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4447 CORP. v. GOLDSMITH

No. 29S04-8703-CV-270.

509 N.E.2d 174 (1987)

4447 CORPORATION, et al., Appellants, v. Stephen GOLDSMITH, Appellee. Fort Wayne Books, Inc., et al., Appellants, v. State of Indiana and Stephen M. Sims, Appellee.

Supreme Court of Indiana.

June 18, 1987.

Attorney(s) appearing for the Case

John H. Weston, David M. Brown, Brown, Weston & Sarno, Beverly Hills, Cal., Kenneth R. Scheibenberger, Lebamoff Law Offices, Fort Wayne, Steven M. Taylor, Taylor and Rubin, P.C., Southfield, Mich., Franklin I. Miroff, Ancel, Miroff & Frank, P.C., Indianapolis, for appellants.

Linley E. Pearson, Atty. Gen., William E. Daily, Deputy Atty. Gen., Indianapolis, for appellees.

ON PETITION FOR REHEARING

Rehearing denied.

SHEPARD, Chief Justice, concurring in part and dissenting in part.

I join in the Court's denial of rehearing in 4447 Corporation v. Goldsmith, 504 N.E.2d 559, though I take a somewhat different view of the case. However, I would grant rehearing in Fort Wayne Books v. State and vacate the trial court's seizure order.

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