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STATE EX REL. CITTADINE v. INDOT

No. 20A03-0010-CV-395.

750 N.E.2d 893 (2001)

STATE of Indiana on the Relation of Jack P. CITTADINE, Appellant-Realtor, v. The INDIANA DEPARTMENT OF TRANSPORTATION, and Michigan Southern Railroad Company, et al., Appellees-Respondents.

Court of Appeals of Indiana.

July 20, 2001.

Attorney(s) appearing for the Case

Stephen Carter, Atty. Gen., Janet Parsanko, Deputy Atty. Gen., for State.

Jack P. Cittadine, Nancy A. McCaslin, Elkhart, Jeffrey A. Cooke, Lafayette, Indiana, Attorneys for Appellant.

William G. Lavery, Ian J. Forte, Elkhart, Indiana, Attorneys for Appellees.

OPINION

RATLIFF, Senior Judge

STATEMENT OF THE CASE

Relator-Appellant Jack Cittadine ("Cittadine") appeals the trial court's denial of his motion for a permanent mandamus order directed to Appellee-Respondent Indiana Department of Transportation ("INDOT"). Because the mandamus action pertained to enforcement of a statute against Michigan Southern Railroad ("Michigan Southern"), the railroad was made a party below and is also a party on appeal...

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