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STATE EX REL. ENSLEY ET AL. v. SUPERIOR COURT ETC.

No. 29,764.

239 Ind. 583 (1959)

159 N.E.2d 115

STATE EX REL. ENSLEY ET AL. v. SUPERIOR COURT OF MARION COUNTY, ROOM NO. 1.

Supreme Court of Indiana.

Filed June 16, 1959.

Attorney(s) appearing for the Case

Frederick J. Capp, Robert A. Claycombe and Claycombe & Claycombe, of counsel, all of Indianapolis, for relators.

Edwin K. Steers, Attorney General and Richard M. Givan, Deputy Attorney General, for respondent.

Edwin K. Steers, William G. Davis, Karl J. Stipher and Earl Clay Ulen, Jr., all of Indianapolis, amicus curiae.

ARTERBURN, J.

This is an original action asking for a writ of mandate. We denied the alternative writ.

This case has its origin in a condemnation suit filed on April 14, 1958 in the Superior Court of Marion County, Room No. 1, Cause No. C-33491. The State of Indiana in that action condemned for highway purposes a right of way in a 25 foot wide strip of land containing approximately seven-tenths (7/10) of an acre. The defendants therein were the relators, Jack...

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