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METROPOLITAN SCHOOL DIST. v. STATE EX REL., ETC.

No. 30,365.

244 Ind. 232 (1963)

191 N.E.2d 701

METROPOLITAN SCHOOL DISTRICT OF CONCORD TOWNSHIP ET AL. v. STATE EX REL. SCHOOL CITY OF ELKHART ET AL.

Supreme Court of Indiana.

Filed July 11, 1963.

Attorney(s) appearing for the Case

F. LeRoy Wiltrout, of Elkhart, and Charles W. Ainlay, of Goshen, for appellants.

Philip E. Byron, Jr., and Sidney DeAubrey, both of Elkhart, for appellees.

ACHOR, J.

This is an action brought by appellees for a declaratory judgment and a temporary injunction.

In the case before us, the city of Elkhart, which is situated in Concord Township, Indiana, by a series of ordinances enacted in 1957, 1958, 1959, 1960 and '61, annexed parcels of territory which were in Concord Township and adjacent to the city of Elkhart, which territory so annexed had formerly been incorporated as part of The Metropolitan School District...

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