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STATE EX REL. HARRIS, ETC. v. MUTSCHLER, ET AL.

No. 28,993.

232 Ind. 580 (1953)

115 N.E.2d 206

STATE EX REL. HARRIS, PROSECUTING ATTORNEY ETC., ET AL. v. MUTSCHLER ET AL.

Supreme Court of Indiana.

Filed November 5, 1953.

Attorney(s) appearing for the Case

Seth E. Rowdabaugh, of Warsaw, and Robert B. Hartzog, of Goshen, for appellants.

Albert B. Chipman, of Plymouth, Russell D. Bontrager, of Elkhart and Joseph W. Kindig, of Nappanee, for appellees.

EMMERT, J.

This is an appeal from a judgment for appellees on an information in the nature of quo warranto, brought by the Prosecuting Attorney of the 54th Judicial Circuit. The information charged in substance that the School City of Nappanee and Scott School Township of Kosciusko County had failed to effect a de jure consolidation of schools under Ch. 123 of the 1947 Acts, § 28-5901 et seq., Burns' 1948 Replacement, or under Ch. 268 of the 1949...

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