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BOSS HOGGS BBQ, LLC v. MARION COUNTY PROSECUTOR'S OFFICE

No. 1:10-cv-1318-TWP-TAB.

BOSS HOGGS BBQ, LLC, Plaintiff, v. MARION COUNTY PROSECUTOR'S OFFICE, et al., Defendants.

United States District Court, S.D. Indiana, Indianapolis Division.

February 2, 2012.

Attorney(s) appearing for the Case

BOSS HOGGS BBQ, LLC, Plaintiff, represented by Adam Lenkowsky, ROBERTS & BISHOP, Kenneth T. Roberts, ROBERTS & BISHOP & Tasha Rebecca Roberts, ROBERTS AND BISHOP.

MARION COUNTY PROSECUTOR'S OFFICE, Defendant, represented by Alexander Phillip Will, OFFICE OF CORPORATION COUNSEL, David A. Arthur, INDIANA OFFICE OF THE ATTORNEY GENERAL & Katie J. Kawiecki, OFFICE OF CORPORATION COUNSEL.

CITY OF INDIANAPOLIS, Defendant, represented by Alexander Phillip Will, OFFICE OF CORPORATION COUNSEL & Katie J. Kawiecki, OFFICE OF CORPORATION COUNSEL.

TERRY CURRY, Defendant, represented by David A. Arthur, INDIANA OFFICE OF THE ATTORNEY GENERAL.

REPORT AND RECOMMENDATION ON DEFENDANTS' MOTIONS TO DISMISS

TIM A. BAKER, District Judge.

I. Introduction

This case centers around Indiana Code § 35-45-5-4, which provides that "when a public utility is notified by a law enforcement agency acting within its jurisdiction that any service, facility, or equipment furnished by it is being used or will be used to violate this section, it shall discontinue or refuse to furnish that service, facility...

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