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STATE ET AL. v. YOUNG ET AL.

No. 29,507.

238 Ind. 452 (1958)

151 N.E.2d 697

STATE OF INDIANA ET AL. v. YOUNG ET AL.

Supreme Court of Indiana.

Filed July 2, 1958.

Attorney(s) appearing for the Case

Edwin K. Steers, Attorney General, Frank X. Haupt, Richard G. Stewart, Deputy Attorneys General and W.O. Hughes, of Fort Wayne, for appellants.

Shoaff, Keegan & Baird and Robert Y. Keegan, of Fort Wayne, for appellees.

EMMERT, J.

This is an appeal from a judgment perpetually enjoining the State of Indiana and the State Highway Department of Indiana from the commission of threatened trespasses or assertion of title or claim of title to certain real estate owned by appellees Raymond M. Young and B.D. Hayes, a partnership doing business as Fort Wayne Oil Company. The several assigned errors will be decided by a determination of the effect of § 36-2940, Burns' 1949 Replacement...

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