INDIANAPOLIS  — On Wednesday a judge dismissed a lawsuit by a nephew of 1930s gangster John Dillinger.  Michael Thompson’s wants to exhume the body buried in Crown Hill Cemetery in Indianapolis to prove whether the gangster is actually buried there.

Thompson sued the cemetery after it objected to his plans to exhume the grave. Thompson has said 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 on July 22, 1934.

The FBI Issued a statement in August saying it was a “myth” that its agents didn’t fatally shoot Dillinger outside the Chicago theater and that “a wealth of information supports Dillinger’s demise” including fingerprint matches.

Attorneys for Crown Hill Cemetery call that “a decades-old conspiracy.” They oppose the exhumation, saying that Indiana’s Legislature has granted cemetery owners the right to “protect its gravesites from unwarranted disturbance.”

Marion County Superior Court Judge Timothy Oakes granted Crown Hill Cemetery’s motion to dismiss the lawsuit, saying that Indiana law requires the cemetery’s consent.

He added that Indiana law “does not require that the cemetery have a valid, rational, or meaningful reason” for withholding its consent.

It wasn’t immediately clear if Thompson’s attorney plans to appeal the decision or file a new lawsuit.