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SERVISS v. STATE, DEPT. OF NATURAL RESOURCES

No. 64A03-9810-CV-450.

711 N.E.2d 95 (1999)

Michael G. SERVISS and Sandra M. Serviss, Appellants-Plaintiffs, v. STATE of Indiana, DEPARTMENT OF NATURAL RESOURCES, Appellees-Defendants.

Court of Appeals of Indiana.

June 23, 1999.

Attorney(s) appearing for the Case

Robert E. Stochel, Crown Point, Indiana, Glenn S. Vician, Bowman, Heintz, Boscia & Vician, P.C., Merrillville, Indiana, Attorneys for Appellant.

Jeffrey A. Modisett, Attorney General of Indiana, Chris Worden, Deputy Attorney General, Indianapolis, Indiana, Attorneys for Appellee.

OPINION

STATON, Judge

Michael and Sandra Serviss appeal the trial court's grant of summary judgment in favor of the State of Indiana and the Indiana Department of Natural Resources (collectively, the "State"). The Servisses raise four issues on appeal. We address two dispositive issues:

I. Whether the trial court erred by concluding that the State was immune from liability because it was performing...

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