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DAGER v. IND. SUB. SEWERS, INC.

No. 369 S 59.

254 Ind. 137 (1970)

258 N.E.2d 406

DAGER, ET AL. v. INDIANA SUBURBAN SEWERS, INC.

Supreme Court of Indiana.

Rehearing denied September 11, 1970.

Attorney(s) appearing for the Case

Fay W. Leas, Leas, Hines & Snyder, of Fort Wayne, for appellants.

Paul W. Philips, Helmke, Philips & Beams, of Fort Wayne, and Arthur H. Gemmer, Gemmer & Frosch, of Indianapolis, for appellee.

GIVAN, J.

The appellee has filed a motion to dismiss in this case. It is the opinion of this Court that the motion is well taken, and it is, therefore, granted.

This is a condemnation action brought by appellee to condemn an easement across appellants' property for a public sewer. Appellants filed a response to appellee's complaint stating they had no objection to the installation of the sewer, but that they were...

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