LOWDERMILK, Judge.
Defendant-appellee, City of Evansville, a second class city, filed its motion to dismiss pursuant to the provisions of Rule TR 12 of the Indiana Rules of Procedure, IC 1971, 34-5-1-1; said motion was sustained, appellant refused to plead over and judgment was entered against the plaintiff-appellant.
Appellant timely filed his motion to correct errors, which was by the court overruled and this appeal follows.
Plaintiff-appellant alleged...
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