INDIANA & MICHIGAN ELECTRIC CO. v. LOUCK

No. 30,200.

243 Ind. 17 (1962)

181 N.E.2d 855

INDIANA & MICHIGAN ELECTRIC COMPANY v. LOUCK ET AL.

Supreme Court of Indiana.

Filed April 26, 1962.


Attorney(s) appearing for the Case

George W. Pierce, Charles V. Retherford, Jr., White, Haymond, Pierce & Beasley, all of Muncie, Robert L. Smith, and Smith & Fraser, of Portland, for appellant.

Jacob N. Lennington, of Muncie, and Frank E. Spencer, of Indianapolis, for appellees.


ARTERBURN, J.

The appellees have filed a motion to dismiss this appeal on the ground that the appellant has accepted a part of the benefits and recognized the validity of the judgment from which the appeal is taken in this case.

This is a condemnation action by the appellant Electric Company to take land for an electric line easement and right-of-way. Following the appraisers' award in the amount of $7,500, the appellant paid that sum to the clerk, in accordance...

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