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STATE EX REL. CORLL v. WABASH CIR. COURT

No. 85S00-9402-OR-116.

631 N.E.2d 914 (1994)

STATE of Indiana On the Relation of Virgil C. Corll et al., Relators, v. THE WABASH CIRCUIT COURT AND THE HONORABLE DANIEL J. VANDERPOOL, As Judge Thereof, and Kelly Schenkel, As Clerk of the Wabash Circuit Court, Respondents.

Supreme Court of Indiana.

March 28, 1994.

Attorney(s) appearing for the Case

Virgil L. Beeler, Joseph H. Yeager, Jr., Cynthia M. Cormany, Baker & Daniels, Indianapolis, Scott L. Starr, Jon M. Myers, Logansport, for the relators.

Edward O. DeLaney, Anne N. DePrez, Barnes & Thornburg, Indianapolis, Richard P. Fisher, Fisher & Ireland, Wabash, for the party opposing the relators.

DeBRULER, Justice.

This is an original action, brought by relators against the Circuit Court of Wabash County, Indiana, and the judge and clerk thereof, for a writ of mandate to compel the circuit court to vacate its orders concerning the action of the clerk of court upon a praecipe for withdrawal of a civil case filed pursuant to Ind. Trial Rule 53.1.

The jurisdiction of this Court to issue writs as supervision of the other courts of the State is plenary...

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