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STATE EX REL. CITY OF S. BEND v. ST. JOS. SUP. CT., ETC.

No. 29,517.

238 Ind. 88 (1958)

148 N.E.2d 558

STATE EX REL. CITY OF SOUTH BEND ET AL. v. SAINT JOSEPH SUPERIOR COURT NO. TWO, ETC., DEMPSEY, JUDGE, ETC.

Supreme Court of Indiana.

Filed March 20, 1958.

Attorney(s) appearing for the Case

Irving Smith, City Attorney, and Norman Kopec, Assistant City Attorney, for relator Municipal City of South Bend.

William F. McInerney, of South Bend, for relator South Bend City Planning Commission.

James E. Keating and Guy H. McMichael, both of South Bend, for relator American Shopping Centers, Inc.

Joseph T. Helling, R. Floyd Searer, Robert L. Miller, Crumpacker, May, Beamer, Levy & Searer, of counsel, and Diamond & Miller, of counsel, all of South Bend, for respondents.

LANDIS, J.

Relator has filed in this court petition for writ of prohibition asking that respondent court be restrained from taking further action in a certain suit for declaratory judgment pending before respondent. We issued the alternative writ.

The declaratory judgment suit sought to be enjoined by relators herein was brought by certain owners of real estate in the city of South Bend, Indiana, asking that an amendment...

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