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SHAND MIN v. CLAY COUNTY BD. OF COM'RS

No. 11A01-9604-CV-123.

671 N.E.2d 477 (1996)

SHAND MINING, INC., Appellant-Defendant, v. CLAY COUNTY BOARD OF COMMISSIONERS and Clay County Highway Department, Appellees-Defendants.

Court of Appeals of Indiana.

Rehearing Denied February 13, 1997.

Attorney(s) appearing for the Case

John B. Drummy, Philip Linnemeier, Eric D. Johnson, Kightlinger & Gray, Indianapolis, for Appellant-Defendant.

Edward J. Liptack, Douglas A. Hoffman, Miller, Carson, Boxberger & Murphy, Bloomington, for Appellees-Defendants.

OPINION

BAKER, Judge.

Appellant-defendant Shand Mining, Inc. appeals the trial court's grant of summary judgment in favor of appellee-defendant Clay County Board of Commissioners and Clay County Highway Department (Clay County). Specifically, Shand Mining claims the trial court erred in finding that Clay County was immune from liability pursuant to IND. CODE §§ 34-4-16.5-3(6), (9) and (16),1 which grant immunity to...

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