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IRVING ET AL. v. ORT ET AL.

No. 18,820.

128 Ind. App. 225 (1957)

146 N.E.2d 107

IRVING ET AL. v. ORT ET AL.

Court of Appeals of Indiana.

Rehearing denied December 19, 1957.

Transfer denied January 29, 1958.

Attorney(s) appearing for the Case

John E. Hoffman, James P. Murphy, all of Ft. Wayne, and Hubert R. McClenahan, of Decatur, for appellants.

Jerome J. O'Dowd, Bernard F. Novitsky, both of Ft. Wayne, and Ed A. Bosse, of Decatur, for appellees.

KELLEY, J.

Appellees are the owners of farm land, approximately 96.67 acres, in Milan Township, Allen County, Indiana, upon which is located a gravel pit of some twenty acres. On the west side of said land, and extending, in an encircling fashion, around the north end of the land and dropping to the south along the east side of the land, flows the Maumee River. The pit extends lengthwise from west to east and its narrow portion extends widthwise from north to south...

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