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CITY OF HOBART v. BAUM ET AL.

No. 18,608.

237 Ind. 316 (1956)

145 N.E.2d 573

CITY OF HOBART v. BAUM ET AL.

Supreme Court of Indiana.

Rehearing denied November 15, 1956.

Transfer denied November 5, 1957.

Attorney(s) appearing for the Case

Harry Long, of Gary and Jarvis R. Peddicord, of Hobart, for appellant.

Arnold G. Huebner, of Hammond, John E. Hopkins, of Rensselaer, George Douglas, of counsel, of Valparaiso, and Paul B. Huebner, of counsel, of Hammond, for appellees.

ON PETITION TO TRANSFER

ACHOR, J.

This cause is before us on petition to transfer. Appellees assert that the opinion of the Appellate Court erroneously decided a new question of law on two separate grounds. The first ground is stated as follows:

"(A) The Appellate Court's prevailing opinion, and the separate concurring opinion of Judge Crumpacker, err in holding that it was necessary for Appellees, upon becoming named plaintiffs and taking over...

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