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IN RE FITCH DRAIN NO. 129

Docket No. 19, Calendar No. 46,424.

346 Mich. 639 (1956)

78 N.W.2d 600

In re FITCH DRAIN NO. 129.

Supreme Court of Michigan.

Decided October 1, 1956.

Attorney(s) appearing for the Case

Varnum, Riddering, Wierengo & Christenson, for plaintiff.

Clem H. Block, for defendants.

BLACK, J.

The background of this case will be found in In re Fitch Drain No. 129, ante, 81. The result decision reached on that occasion — that the appeal of November 12, 1954, should not be dismissed — led to due assignment of the case for determination of merits. We now undertake the latter task.

As noted in the respective opinions released June 4, 1956, Circuit Judge Leonard D. Verdier ruled...

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