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MILLER v. KANKAKEE, ETC. DRAINAGE ASSOC.

No. 29,005.

232 Ind. 412 (1953)

112 N.E.2d 852

MILLER, ET AL. v. KANKAKEE AND PINE CREEK DRAINAGE ASSOCIATION, ET AL.

Supreme Court of Indiana.

Filed June 16, 1953.

Attorney(s) appearing for the Case

Alfred J. Link, Frederick H. Link, of LaPorte, and Albert B. Chipman, of Plymouth, for appellants.

Parker & Parker and Hammerschmidt & Johnson, all of South Bend, for appellees.

BOBBITT, C.J.

This action was transferred from the Appellate Court under § 4-214 (Sixth), Burns' 1946 Replacement.

Appellants filed suit in the Marshall Circuit Court to enjoin appellees from performing a certain contract for the deepening and widening of a public drainage ditch in proceedings instituted under ch. 165 of the Acts of 1913.

On March 27, 1950 a petition was filed with the Board of County Commissioners of St. Joseph County,

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