INDIANAPOLIS (AP) — Family members of 1930s gangster John Dillinger have submitted a new application to exhume his body from an Indianapolis cemetery.

The Indiana State Department of Health said it received the latest application Tuesday.

Dillinger’s family first applied to exhume his remains in July as part of a planned History Channel documentary. The deadline to exhume and return the remains was Sept. 16, and the exhumation did not occur.

The History Channel last week dropped out of a planned documentary on Dillinger that would have included the exhumation. Family members said they have evidence Dillinger’s body may not be buried in Crown Hill Cemetery.

Cemetery officials object to the exhumation, saying it would be disruptive. Dillinger’s nephew, Michael C. Thompson, sued the cemetery last month, seeking a court order to gain access to the grave. A hearing is scheduled for Oct. 1.