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HAGEMANN ET AL. v. CITY OF MOUNT VERNON ET AL.

Nos. 29,496 and 29,645.

238 Ind. 613 (1958)

154 N.E.2d 33

HAGEMANN ET AL. v. CITY OF MOUNT VERNON ET AL.; HAGEMANN ET AL. v. CITY OF MOUNT VERNON.

Supreme Court of Indiana.

Filed November 20, 1958.

Attorney(s) appearing for the Case

Frederick P. Bamberger and Ortmeyer, Bamberger, Ortmeyer & Foreman, of Evansville, for appellants.

Otis B. Allyn, Steve C. Bach and William L. Mitchell, all of Evansville, for appellees.

ACHOR, J.

The respective actions in the above entitled causes are related to the same subject-matter and involve many of the same issues and are therefore treated concurrently. Both actions challenge the validity of a proceeding whereby appellees by declaratory resolution under § 48-2001, et seq., Burns' 1950 Repl. [Acts 1905, ch. 129, p. 219] determined the necessity, and purported to condemn and award damages...

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