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CITY OF FT. WAYNE v. NEW HAVEN

No. 169A17.

257 Ind. 4 (1971)

268 N.E.2d 735

CITY OF FORT WAYNE v. BOARD OF TRUSTEES OF TOWN OF NEW HAVEN ET AL.

Supreme Court of Indiana.

Rehearing denied June 21, 1971.

Attorney(s) appearing for the Case

James Robert Arnold, Attorney for City of Ft. Wayne, Robert E. Meyers, Associate Attorney for City of Fort Wayne, Newkirk, Keane, Kowalczyk & Leal, of Fort Wayne, for appellant.

Arthur H. Fruechtenicht, Hunt, Suedhoff, Borror & Eilbacher, for Board of Trustees of Town of New Haven and City of New Haven, both of Ft. Wayne, for appellees.

HUNTER, J.

Petitioners (appellees) are before this court on a petition to transfer stemming from an unpublished order of the Appellate Court issued on September 25, 1970, overruling appellees' alternative motion to affirm or dismiss appellant's appeal. Since the order is unpublished, we will take the liberty of setting it out verbatim:

"ORDER — The appellees, Board of Trustees of the Town of New Haven and City of New Haven, having heretofore filed...

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