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HOLTZ v. BD. OF COM'RS OF ELKHART COUNTY

No. 57S04-9010-CV-649.

560 N.E.2d 645 (1990)

David B. HOLTZ, Appellant, v. BOARD OF COMMISSIONERS OF ELKHART COUNTY, Indiana, Appellee.

Supreme Court of Indiana.

October 10, 1990.

Attorney(s) appearing for the Case

Charles S. Leone, Nemeth, Master & Leone, South Bend, for appellant.

Michael F. DeBoni, Randall M. Jacobs, Yoder, Ainlay, Ulmer & Buckingham, Goshen, for appellee.

ON CIVIL PETITION TO TRANSFER

GIVAN, Justice.

In an opinion published in 548 N.E.2d 1220, the Court of Appeals reversed the trial court's granting of summary judgment to the Board of Commissioners of Elkhart County. We grant transfer in this case, set aside the opinion of the Court of Appeals, and affirm the trial court.

The facts are: On August 25, 1988, Holtz filed...

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