JOHN E. MILLER, Chief Judge.
This case is before the court upon defendant's motion for summary judgment to dismiss the action on the ground that there is no genuine issue as to any material fact based upon the pleadings, depositions and affidavits, and that the defendant is entitled to a judgment as a matter of law.
The plaintiffs filed their complaint, entitled "Petition," in Marion County Chancery Court on December 6, 1961, in which they alleged that they...
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