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DAVIS v. BOARD OF COM'RS OF COUNTY OF MONROE

No. 170A11.

273 N.E.2d 551 (1971)

Jill DAVIS, by Her Next Friend, Fred Davis, Plaintiff-Appellant, v. THE BOARD OF COMMISSIONERS OF THE COUNTY OF MONROE, Indiana, et al., Defendants-Appellees.

Appellate Court of Indiana, Division No. 1.

October 4, 1971.

Attorney(s) appearing for the Case

Wm. T. Hornaday, Bloomington, for plaintiff-appellant.

Willis Hickam, Spencer, George M. Tomey, Bloomington, for defendants-appellees; Hickam & Hickam, Spencer, Snyder, Bunger, Cotner, Harrell & Robertson, Rogers, Gregory & McDonald, McCrea & McCrea, Bloomington, of counsel.

SULLIVAN, Presiding Judge.

This appeal involves a judgment against plaintiff in favor only of the defendant Board of Commissioners as an entity and as individuals. The other named parties are nominal appellees only. The finding and judgment appealed from reads in part as follows:

"And now the Court hears argument of counsel upon said demurrer, and, being duly advised in the premises sustains said demurrer. "And the plaintiff now fails and refuses...

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