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CITY OF NEW HAVEN v. INDIANA SUBURBAN SEWERS, INC.

No. 371A58.

287 N.E.2d 575 (1972)

CITY OF NEW HAVEN, Indiana, Appellant, v. INDIANA SUBURBAN SEWERS, INC., et al., Appellees.

Court of Appeals of Indiana, Third District.

October 2, 1972.

Attorney(s) appearing for the Case

Arthur H. Fruechtenicht, Robert J. Parrish, Leigh L. Hunt, Ft. Wayne, for appellant.

Paul W. Philips and R. David Boyer, Ft. Wayne (Helmke, Philips & Beams, Ft. Wayne, of counsel), Frederick J. Frosch, Indianapolis (Gemmer & Frosch, Indianapolis, of counsel), Richard W. George, Ft. Wayne (Bloom & Bloom, Ft. Wayne, of counsel), for appellees.

WHITE, Judge.

For several years prior to mid-July, 1970, the Town, now City, of New Haven (hereafter "New Haven") received into its sanitary sewer and sewage disposal system the sewage collected by the sanitary sewers in an unincorporated residential area known as Meadowbrook or Meadowbrook Addition. New Haven also maintained the Meadowbrook sewers which had been constructed by the Meadowbrook developer. New Haven collected...

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