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HALL DRIVE INS. INC. v. CITY OF FORT WAYNE

No. 02S03-0109-CV-425.

773 N.E.2d 259 (2002)

HALL DRIVE INS, INC. d/b/a Triangle Park, Defendant-Appellant, v. CITY OF FORT WAYNE, Plaintiff-Appellee.

Supreme Court of Indiana.

August 16, 2002.

Attorney(s) appearing for the Case

M. Scott Hall, Barnes & Thornburg, Fort Wayne, IN, Attorney for Appellant.

Martin T. Fletcher, Sr., Christine M. Stach, Rothberg, Logan & Warsco, Fort Wayne, IN, Attorneys for Appellee.

On Petition To Transfer

DICKSON, Justice.

The defendant-appellant, Halls Drive-Ins, Inc. d/b/a Triangle Park ("Triangle"), appeals from a judgment finding that it violated the City of Fort Wayne Smoking Ordinance. FORT WAYNE, IND., CITY CODE Tit. IX, § 95.60-70 (1998). The Court of Appeals reversed, 747 N.E.2d 643 (Ind.Ct. App.2001), and we granted transfer. 761 N.E.2d 418 (Ind.2001). In accord with our decision today...

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