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STATE EX REL. BEATTY v. NICHOLS, SP. J., ETC.

No. 29,182.

233 Ind. 432 (1954)

120 N.E.2d 407

STATE OF INDIANA ON RELATION OF BEATTY v. NICHOLS, SPECIAL JUDGE, ETC., AND RUSH CIRCUIT COURT.

Supreme Court of Indiana.

Filed June 17, 1954.

Attorney(s) appearing for the Case

Frank B. Jaqua, of Portland, for relator.

Chauncey W. Duncan, of Rushville, and Batton, Harker & Rauch, of Marion, for respondents.

GILKISON, J.

This is an original action in which petitioner asks this court to mandate respondents to expunge their record of May 20, 1954, overruling relator's application to withdraw the submission in cause No. 2446 and rendering judgment against relator, in their court, and then to sustain the motion to withdraw the submission, and then to appoint a special judge to take jurisdiction of the cause, or show cause why this should not be done.

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