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UPDATE: Judge Dismisses Lawsuit In John Dillinger Exhumation Case

A judge has dismissed a lawsuit a relative of 1930s gangster John Dillinger filed against an Indianapolis cemetery that opposes his plans to exhume Dillinger’s gravesite to determine if the notorious criminal is actually buried there.

Marion County Superior Court Judge Timothy Oakes granted Crown Hill Cemetery's motion to dismiss Michael Thompson's lawsuit shortly after Wednesday's hearing, saying state law requires the cemetery's consent. Thompson, who’s Dillinger’s nephew, sued the cemetery after it objected to his plans to exhume the grave. 

Thompson says he has evidence Dillinger's body may not be buried there, and may not have been the man FBI agents fatally shot outside a Chicago theater in 1934.

Original story:

A judge will hear an Indianapolis cemetery's bid to dismiss a lawsuit filed by a relative of 1930s gangster John Dillinger who wants to exhume Dillinger’s gravesite to determine if the notorious criminal is actually buried there.

A Marion County judge scheduled a Wednesday hearing to consider Crown Hill Cemetery's motion to dismiss Michael Thompson's lawsuit. Thompson, who’s Dillinger’s nephew, wants to proceed with a Dec. 31 exhumation. 

Thompson says he has evidence Dillinger's body may not be buried there, and he may not have been the man FBI agents fatally shot outside a Chicago theater in on July 22, 1934.

This story will be updated.

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