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CAPP v. LINDENBERG, ETC. ET AL.

No. 30,044.

242 Ind. 423 (1961)

178 N.E.2d 736

CAPP v. LINDENBERG, ETC., ET AL.

Supreme Court of Indiana.

Rehearing denied January 23, 1962.

Attorney(s) appearing for the Case

Fred J. Capp, Arthur H. Gemmer and Coleman, Gemmer & Raab, all of Indianapolis, for appellant.

Steers, Klee, Jay & Sullivan and David L. Millen, both of Indianapolis, for appellees.

ACHOR, C.J.

This is an appeal from an action by appellant wherein the trial court denied a temporary injunction to enjoin appellees from constructing a building in violation of a 26 foot front setback line upon a lot in Northborough Addition to the city of Indianapolis, as established in the recorded plat of said addition. A restraining order was issued. However, after the cause was submitted and evidence heard, the restraining order was dissolved and the

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