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BOARD OF TRUSTEES, ETC. v. CITY OF FORT WAYNE

No. 578S91.

375 N.E.2d 1112 (1978)

BOARD OF TRUSTEES OF THE TOWN (NOW CITY) OF NEW HAVEN, International Harvester Company, United States Rubber Company, Cleveland Graphite Bronze, New York, Chicago & St. Louis Railroad, et al., Appellants, v. CITY OF FORT WAYNE, Appellees.

Supreme Court of Indiana.

Rehearing Denied July 28, 1978.

Attorney(s) appearing for the Case

Arthur H. Fruechtenicht and Arthur W. Fruechtenicht, Robert J. Parrish, Milford M. Miller, Fort Wayne, for appellants.

David B. Keller, Lawrence E. Shine, Fort Wayne, for appellees.

ON PETITION TO TRANSFER

PIVARNIK, Justice.

This cause comes to us on a transfer petition by appellant, the Board of Trustees of the Town (now City) of New Haven, and others, following an adverse ruling by the Court of Appeals, Third District. Board of Trustees of the Town (Now City) of New Haven, et al. v. City of Fort Wayne (1977), Ind. App., 362 N.E.2d 855, reh. denied (1977),

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