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BELDING v. TOWN OF NEW WHITELAND

No. 41A01-9209-CV-296.

612 N.E.2d 588 (1993)

Shannon L. BELDING, Appellant-Plaintiff, v. TOWN OF NEW WHITELAND, Indiana, Appellee-Defendant. and Brian K. Whitehead, Appellant-Plaintiff, v. Town of New Whiteland, Indiana, Appellee-Defendant.

Court of Appeals of Indiana, First District.

Rehearing Denied May 20, 1993.

Attorney(s) appearing for the Case

Mark J. Dove, Rogers & Dove, North Vernon, for appellant-plaintiff.

Dale W. Eikenberry, Wooden, McLaughlin & Sterner, Indianapolis, for appellee-defendant.

BAKER, Judge.

Plaintiff-appellants Shannon L. Belding and Brian K. Whitehead appeal the summary judgment entered against them and in favor of defendant-appellee Town on Whiteland, Indiana. They contend the trial court erroneously concluded the Town of Whiteland was immune from suit under the Indiana Tort Claims Act.1 We affirm.

FACTS

At about 11:00 p.m. on September 28, 1990, Officers Howell and Bryant of the Whiteland...

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