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FORT WAYNE BOOKS, INC. v. STATE

Nos. 29S04-8703-CV-270, 34A02-8603-CR-74.

539 N.E.2d 948 (1989)

FORT WAYNE BOOKS, INC., Appellants, v. STATE of Indiana and Stephen M. Sims, Appellees. Ronald W. Sappenfield, et al., Appellants, v. State of Indiana, Appellee.

Supreme Court of Indiana.

June 19, 1989.

Attorney(s) appearing for the Case

John H. Weston, David M. Brown, Brown, Weston & Sarno, Beverly Hills, Cal., Franklin I. Miroff, Michael George Ruppert, and Bernard Lowell Pylitt, Indianapolis, for 4447 Corp.

Kenneth Robert Scheibenberger, Fort Wayne, for Fort Wayne Books, Inc.

Richard Kammen and Susan W. Brooks, McClure, McClure & Kammen, Indianapolis, for Sappenfield.

Linley E. Pearson, Atty. Gen., Arthur Thaddeus Perry, William Earl Daily, Deputy Attys. Gen., Stephen Goldsmith, Indianapolis, for appellees.

Stephen M. Sims, Fort Wayne, pro se and for appellees.

ON REMAND BY ORDER OF THE UNITED STATES SUPREME COURT

GIVAN, Justice.

On April 20, 1989, this Court was notified by the Clerk of the United States Supreme Court that certiorari had been granted in the above cases and that these causes were remanded for further proceedings. See Fort Wayne Books, Inc. v. Indiana, Sappenfield, et al. v. Indiana (1989), 489 U.S. ___, 109 S.Ct. 916, 103 L.Ed.2d 34.

In Fort Wayne Books, this Court had previously...

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