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PATTERSON v. HARDIN

No. IP 56-C-228.

145 F.Supp. 299 (1956)

Owen H. PATTERSON, Ida L. Patterson, Clinton L. Fisher, Julian J. Bailey, and Doris J. Bailey, Plaintiffs, v. James Russell HARDIN, Elizabeth C. Hardin, Ruth Hardin, The Board of Commissioners of the County of Marion, Robert R. Hamilton, Lester R. Durham and Arthur Grayson, as Members of the Board of Commissioners of the County of Marion, Marion County Plan Commission, R. Ray Fisher, as Building Commissioner, and as Clerk of the Improvement Location Department of the Marion County Plan Commission, The Kroger Company, Cleveland, Cincinnati, Chicago and St. Louis Railway Company (also known as the New York Central Railway), George N. Craig, as Governor of the State of Indiana, Edwin K. Steers, as Attorney General of the State of Indiana, Frederick Landis, as Chief Justice of the Supreme Court of Indiana, and Jack N. Cockran, as Sheriff of the Supreme Court of the State of Indiana, and as Enforcement Officer of said Court, Defendants.

United States District Court S. D. Indiana, Indianapolis Division.

October 1, 1956.

Attorney(s) appearing for the Case

Kothe & Shotwell, by Grier M. Shotwell, Indianapolis, Ind., for plaintiffs.

Herbert M. Spencer, Yockey & Yockey, by Eugene H. Yockey, French M. Elrod, Robert S. Smith, Ross, McCord, Ice & Miller, by R. Stanley Lawton, Baker & Daniels, by Jos. J. Daniels, Indianapolis, Ind., Edwin K. Steers, Atty. Gen. of Ind., by George Jeffrey, Deputy Atty. Gen., for defendants.

HOLDER, District Judge.

The issues are presented by the defendants objecting to the convening of a three judge district court under Title 28 U.S. C.A. § 2284 by the district judge to whom the plaintiffs amended complaint has been presented, and requesting the district judge dismiss plaintiffs amended complaint for the failure to state a substantial federal question and for the failure to allege any other ground of federal jurisdiction therein.

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