STATE EX REL. ELY v. ALLEN CIRCUIT COURT

No. 973S186.

304 N.E.2d 777 (1973)

THE STATE OF INDIANA ON THE RELATION OF KINGSTON B. ELY, State Registrar of Vital Statistics and William T. Paynter, M.D., State Health Commissioner, Relators, v. The ALLEN CIRCUIT COURT and the Honorable Hermann F. Busse, As Judge of the Allen Circuit Court, Respondents.

Supreme Court of Indiana.

December 27, 1973.


Attorney(s) appearing for the Case

Theodore L. Sendak, Atty. Gen., Michael Schaefer, Asst. Atty. Gen., Indianapolis, for relators.

R. David Boyer Helmke, Beams & Boyer, Fort Wayne, for respondents.


ORIGINAL ACTION

GIVAN, Justice.

This is an original action in which relators have petitioned this Court for a writ of prohibition to prohibit respondents' enforcement of an order in an action captioned "In Re Records of Fort Wayne Board of Health," cause number CC-73-403 and a writ of mandate to mandate respondent judge to vacate and expunge that order from the records of the respondent court.

The record in this case reveals the following:

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