DILLINGER BODY EXHUME -  AP FILE 2.jpeg

LOUISVILLE, Ky. (WDRB) -- The Indiana State Department of Health (ISDH) has approved a new request this week to exhume the body of notorious gangster John Dillinger, according to a report by Fox 59.

The news comes as a legal battle over the proposed exhumation continues.Ā 

Michael Thompson, Dillinger's nephew, filed the latest request on Sept. 23. A previous request has been filed on Sept. 9 but had a wrong date, requiring the family to resubmit the application.

The Indiana State Department of Health says exhumation and retirement must occur on the same day. The date listed on the permit is for Dec. 31.

The family had worked over the summer to have Dillinger's remains exhumed as part of a documentary for the History Channel. However, the cable network has since announced that is has called off the documentary.

Crown Hill Cemetery, where Dillinger is buried, opposes the exhumation. In a previous statement, cemetery officials said they had a "duty to ensure the safety and integrity of the cemetery."

Thompson believes there is reason to doubt that Dillinger is buried at Crown Hill and hopes to end years of speculation about the gangster's fate.

The FBI maintains that Dillinger died in a shootout at the Biograph Theatre in 1934.

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