IN THE

SUPREME COURT OF INDIANA

BOWEN, et al.                                               )  No. 20D03-0209-CT-48 in 

                                                                        )  Elkhart Superior Court No. 3

vs.                                                                   )

                                                                        ) 

7-ELEVEN, et al.                                           )  Supreme Court No. 20S00-0409-SJ-

ORDER CONCURRING IN THE APPOINTMENT OF

A SPECIAL MASTER

Comes now the Honorable George W. Biddlecome, Judge in the Elkhart Superior Court, and, pursuant to Ind.Trial Rule 53(A), requests this Court’s concurrence in the appointment of a special master in this case.

And this Court, being duly advised, now finds that it concurs in the appointment.

IT IS, THEREFORE, ORDERED that this Court concurs in the appointment of a special master, Senior Judge Gene R. Duffin, as ordered on September 30, 2004, in the Elkhart Superior Court 3.  Senior Judge Duffin shall be compensated at his usual hourly rate as a mediator for his services as special master in this case below, and such compensation shall be paid by the parties as specified in the trial court’s September 30, 2004 order.   Senior Judge Duffin shall have the powers and authority conferred by T.R. 53.

The Clerk of this Court is directed to give notice of this Order to the Honorable George W. Biddlecome; to the Honorable Gene R. Duffin; and to the Clerk of the Elkhart Superior Court.

IT IS FURTHER ORDERED that the Clerk of Elkhart Superior Court is directed to give notice of this Order to all parties and their attorneys of record.

DONE at Indianapolis, Indiana, this _____ day of November, 2004.

                                                                        _______________________

                                                                        Randall T. Shepard

                                                                        Chief Justice of Indiana