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INDIANA DEPT. OF MENTAL HEALTH v. STATE

No. 3-983A307.

467 N.E.2d 1256 (1984)

INDIANA DEPARTMENT OF MENTAL HEALTH, Defendant-Appellant, v. STATE of Indiana On Relation of Southlake Center for Mental Health, Inc., Plaintiff-Appellee.

Court of Appeals of Indiana, Third District.

September 5, 1984.

Attorney(s) appearing for the Case

Linley E. Pearson, Atty. Gen., Marsha Harrison, Deputy Atty. Gen., Indianapolis, for defendant-appellant.

Thomas M. Greenberg, Walker, Fleming, Corbin & Greenberg, Professional Corporation, Merrillville, for plaintiff-appellee.

GARRARD, Judge.

Relator Southlake Center for Mental Health, Inc. (Southlake) filed its complaint against the Indiana Department of Mental Health (Department) on December 10, 1981. Southlake sought, inter alia, a mandate order directing the Department to promulgate rules pursuant to IC 16-16-1-5 and IC 16-16-1-10. On September 28, 1982 the trial court granted in part Southlake's motion for summary judgment and on October 28, 1982 issued its mandate order directing...

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