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BERRY ET AL. v. THE TOWN OF FOWLER

No. 29,858.

240 Ind. 443 (1960)

166 N.E.2d 333

BERRY ET AL. v. THE TOWN OF FOWLER.

Supreme Court of Indiana.

Filed April 26, 1960.

Attorney(s) appearing for the Case

Karl M. Jacobs, of Fowler, for appellants.

W. Douglas Elwood and Hawkins & Elwood, of Fowler, for appellee.

PER CURIAM.

Appellants brought action in the lower court pursuant to Burns' § 48-903 (1950 Replacement),1 et seq., to vacate a portion of a street in the town of Fowler, Indiana. Appellee town was made a defendant and filed answer and remonstrance. Notice was given to the abutting landowners as provided by Burns' § 48-909 (1950 Replacement),2 each of whom appeared and filed remonstrance.

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