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IN THE MATTER OF THE PETITION ETC. v. WISE ET AL.

No. 29,710.

239 Ind. 512 (1959)

157 N.E.2d 823

IN THE MATTER OF THE PETITION ETC. v. WISE ET AL.

Supreme Court of Indiana.

Rehearing denied June 4, 1959.

Attorney(s) appearing for the Case

Vernon, Hartzog, Barker & Hepler and Harry E. Vernon, of Goshen, for appellants.

Robert B. Beeson, Mehl & Mehl, of counsel, both of Goshen, Charles L. Whistler and Baker & Daniels, of counsel, both of Indianapolis, for appellees.

JACKSON, J.

The appellants filed a petition for the construction of an open drainage ditch in Elkhart County, Indiana, and after notice was given, the petition was docketed, viewers were appointed and a preliminary report favorable to the petitioners was made. Later the Engineer and Drainage Commissioner filed report on July 16, 1957, and the court fixed August 23, 1957, as the time for hearing on said report and notices...

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