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DELAWARE COUNTY v. POWELL

No. 1179S304.

393 N.E.2d 190 (1979)

DELAWARE COUNTY Indiana, Board of Commissioners of the County of Delaware, James A. Bartlett, Delaware County Highway Department, and Does I through X, Inclusive, Appellants, v. Deloris J. POWELL, Appellee.

Supreme Court of Indiana.

November 5, 1979.

Attorney(s) appearing for the Case

David S. Wallace, Warner, Peckinpaugh & Wallace, Muncie, Thomas A. Cannon, Cannon & Bruns, Muncie, for appellants.

P. Gregory Cross and Perry W. Cross, Dennis, Cross, Raisor, Jordan & Marshall, Muncie, for appellee.

Howard S. Young, Jr., Young & Young, Indianapolis, amicus curiae for appellee.

ON PETITION TO TRANSFER

PIVARNIK, Justice.

This cause comes to us on petition to transfer. The Court of Appeals held that the trial court erred in denying a motion for summary judgment made by the county and that the summary judgment to which the county is entitled bars any further action against the employee involved, James Bartlett, under Ind. Code § 34-4-16.5-5a (Burns 1976). Delaware County v. Powell, (1978) Ind. App., 382...

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