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STATE EX REL. KEESLING v. GRANT CIR. CT. ET AL.

No. 29,716.

238 Ind. 577 (1958)

153 N.E.2d 912

STATE OF INDIANA EX REL. KEESLING ET AL. v. GRANT CIRCUIT COURT, CAINE, JUDGE.

Supreme Court of Indiana.

Filed November 18, 1958.

Attorney(s) appearing for the Case

George S. Koons, Sidney E. McClellan, both of Muncie, and Campbell, Gemmill, Browne, Torrance & Sisson, of Marion, for relators.

White, Haymond, Pierce & Beasley, Frank E. Gilkinson, all of Muncie, and Batton, Harker, Kiley & Osborn, of Marion, for respondents.

ARTERBURN, J.

This is an original action for a writ of prohibition to prevent the Grant Circuit Court from issuing an order for the possession of certain real estate which is the subject of an eminent domain proceeding brought by the Muncie Water Works Company.

On August 30, 1957, the Muncie Water Works Company filed in the Delaware Superior Court a complaint to appropriate the real estate of the relators. Relators...

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