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STATE v. CITY OF TERRE HAUTE

No. 1-1075A180.

352 N.E.2d 542 (1976)

STATE of Indiana, Appellant (Plaintiff below), v. The CITY OF TERRE HAUTE, a Municipal Corporation, Appellee (Defendant below).

Court of Appeals of Indiana, First District.

August 12, 1976.

Attorney(s) appearing for the Case

Theo. L. Sendak, Atty. Gen., Susan J. Davis, Deputy Atty. Gen., for appellant.

James F. Smock, City Atty., and Stephen L. Trueblood, Asst. City Atty., Terre Haute, for appellee.

LOWDERMILK, Judge.

STATEMENT OF THE CASE:

Plaintiff-appellant State of Indiana (hereinafter State) appeals from the trial court's judgment entered on the City of Terre Haute's (hereinafter City) Motion For Judgment On Appraiser's Report.

We reverse.

FACTS:

The facts necessary for our disposition of this appeal are as follows: On September 13, 1961, the State commended this action in eminent domain for the purpose of securing a right...

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