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CITY OF BLOOMINGTON v. BOARD OF COM'RS.

No. 28,763.

229 Ind. 419 (1951)

99 N.E.2d 79

CITY OF BLOOMINGTON v. BOARD OF COMMISSIONERS OF THE COUNTY OF MONROE ET AL.

Supreme Court of Indiana.

Filed June 4, 1951.

Attorney(s) appearing for the Case

Mellen & Mellen, of Bedford, for appellants.

James R. Regester, City Attorney; and Hickam & Hickham, of Spencer, for the City of Bloomington.

EMMERT, J.

This is an appeal by Lewis E. McClung, Gertie McClung, Olin McCoy and Alta McCoy, from a judgment of the trial court in favor of the City of Bloomington. The appellants have failed to comply with Rule 2-6 as to the title of the assignment of errors.1 But since the rule provides, "Failure properly to name parties will not be treated as jurisdictional," we will dispose of the appeal without requiring its amendment.

The...

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