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FIELDS v. MUNCIE COMMUNITY SCHOOLS

No. 372A118.

287 N.E.2d 364 (1972)

James O. FIELDS and Oca Lee Fields, Husband and Wife, and Merchants National Bank of Muncie, Indiana, Defendants-Appellants, v. MUNCIE COMMUNITY SCHOOLS, Plaintiff-Appellee.

Court of Appeals of Indiana, Second District.

September 29, 1972.

Attorney(s) appearing for the Case

Merrill L. Smith and Gregory B. Smith, Richard D. Hughes, Muncie, for defendants-appellants.

White, Haymond, Pierce, Beasley & Gilkison, Muncie, for plaintiff-appellee.

SULLIVAN, Judge.

On July 20, 1971, Muncie Community Schools filed its Complaint for Appropriation of Real Estate against defendants Fields, fee simple owners, and the Merchants National Bank of Muncie as mortgagee of such real estate. Service of notice was had on defendants Fields on July 21, 1971, giving them until August 5, 1971, a period of fourteen days, to show cause why the property should not be appropriated. On July 23, 1971, Fields filed a motion to dismiss...

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