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GIBSON ET AL. v. TOWN OF DANVILLE ET AL.

Nos. 29,935 and 29,942.

241 Ind. 157 (1960)

170 N.E.2d 444

GIBSON ET AL. v. TOWN OF DANVILLE ET AL.

Supreme Court of Indiana.

Filed November 30, 1960.

Attorney(s) appearing for the Case

John D. Hughes, Arthur H. Northrup, Gregg, Fillion, Fillenwarth & Hughes, of counsel, all of Indianapolis, and Walter H. Linn, of Crawfordsville, for appellants.

J. Gordon Gibbs and Stevenson, Kendall & Stevenson, both of Danville, for appellees.

BOBBITT, C.J.

These cases are here on transfer from the Appellate Court under Acts 1901, ch. 247, § 15, p. 565, being § 4-209, Burns' 1946 Replacement, four judges failing to agree. Because they involve the same parties and subject-matter, and present essentially the same question for our determination, they are here consolidated and so treated in this opinion.

Both actions arose out of a proceeding by the Town Board of Danville, Indiana, for the...

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