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STATE EX REL. CITTADINE v. DEPT. OF TRANSP.

No. 20S03-0306-CV-260.

790 N.E.2d 978 (2003)

STATE of Indiana on the Relation of Jack P. CITTADINE, Petitioner/Appellant, Relator Below, v. INDIANA DEPARTMENT OF TRANSPORTATION, Respondent/Appellee, Respondent Below, Michigan Southern Railroad Company, et. al., Respondent/Appellees, Intervenors Below.

Supreme Court of Indiana.

June 24, 2003.

Attorney(s) appearing for the Case

Nancy A. McCaslin, McCaslin & McCaslin, Elkhart, IN, Attorney for Appellant.

Steve Carter, Attorney General, Janet L. Parsanko, Deputy Attorney General, Indianapolis, IN, Attorneys for Appellee Indiana Dept. of Transportation.

William G. Lavery, Ian J. Forte, Whisler & Lavery, Elkhart, IN, Attorneys for Appellee Michigan Southern Railroad Company.

DICKSON, Justice.

The relator-appellant Jack Cittadine appeals from the trial court's denial of his petition for an emergency and permanent writ of mandamus to require the Indiana Department of Transportation ("INDOT") to enforce Indiana's Clear View Statute1 against Michigan Southern Railroad ("Michigan Southern") and any other railroad in violation of the statute.2 The Court of Appeals affirmed, finding that...

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