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KING ET AL v. CITY OF BLOOMINGTON

No. 29,746.

239 Ind. 548 (1959)

159 N.E.2d 563

KING ET AL v. CITY OF BLOOMINGTON.

Supreme Court of Indiana.

Filed June 12, 1959.

Attorney(s) appearing for the Case

Hickam & Hickam, of Spencer, and Robert F. McCrea, of Bloomington, for appellants.

Frank A. Barnhart, Leroy Baker, Evens & Baker, of counsel, all of Bloomington, Gustav H. Dongus and Fansler, Fauvre, Dongus & Chambers, of counsel, all of Indianapolis, for appellee.

ARTERBURN, J.

This appeal is the result of a remonstrance filed against the annexation of certain territory by the City of Bloomington, Indiana under Burns' § 48-702, Acts 1955, ch. 269, sec. 3, p. 720.

We are first concerned here with a motion to dismiss the appeal by the appellee, City of Bloomington, under Rule 2-6 of this court, the pertinent part of which reads as follows:

"In the title to the assignment of errors all parties to the judgment...

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