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Michael Thompson, the nephew of reputed 1930’s mobster John Dillinger, will not be able to exhume the presumed gravesite of his uncle after a judge tossed a lawsuit filed by Thompson. So reports Time.

Crown Hill Cemetery, in Indianapolis, would not grant permission to Thompson to dig up the site and state law mandates a cemetery must consent to such an exhumation before it can proceed. Thompson claimed he had evidence Dillinger’s body was misidentified by law enforcement and was not actually buried at Crown Hill, prompting the lawsuit. However, others call that theory a “myth.”

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