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GILKISON ET AL. v. DARLINGTON

No. 17,844.

123 Ind. App. 28 (1952)

106 N.E.2d 473

GILKISON ET AL. v. DARLINGTON

Court of Appeals of Indiana.

Rehearing denied August 8, 1952.

Transfer denied November 13, 1952.

Attorney(s) appearing for the Case

Albert H. Gavit, of Gary, Buschmann, Kreig, DeVault & Alexander, all of Indianapolis, Leo P. Rieder, of South Bend, Matthew E. Welsh, of Indianapolis, C. Ballard Harrison, of Hammond and C. Wendell Hamacher, of Crown Point, for appellant.

Owen W. Crumpacker, Edward J. Ryan, of Hammond for appellee Darlington. John F. Beckman Jr., city attorney of Hammond, for appellees, City of Hammond, Vernon C. Anderson, Mayor et al.

ACHOR, C.J.

This is an action for injunction, filed by appellee Darlington, as a taxpayer of the City of Hammond, Indiana, in his own behalf and on behalf of the other taxpayers of the City of Hammond. The appellants are parties holding judgments against the City of Hammond, based upon the City's liability by reason of its erroneous payment of funds received by it in payment of Barrett Law assessments, upon which bonds had been issued. Precedent for such liability...

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