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STATE EX REL. CITY OF FT. WAYNE v. ALLEN CIRCUIT CT.

No. 30,412.

244 Ind. 293 (1963)

191 N.E.2d 98

STATE EX REL. CITY OF FORT WAYNE v. ALLEN CIRCUIT COURT, HUGHES, JUDGE.

Supreme Court of Indiana.

Rehearing denied September 18, 1963.

Attorney(s) appearing for the Case

Jerome J. O'Dowd, Giles J. Pierre and Clarence R. McNabb, all of Fort Wayne, for relator.

Gilmore S. Haynie, David B. Keller, and Campbell, Livingston, Dildine & Haynie, of counsel, all of Fort Wayne, for Gilmore S. Haynie and David B. Keller, amici curiae.

Arthur H. Fruechtenicht, Leigh L. Hunt and Hunt, Suedhoff & Wilks, of counsel, all of Fort Wayne, for Board of Trustees of Town of New Haven and Town (now city) of New Haven, amici curiae.

W.O. Hughes, pro se.

ARTERBURN, J.

This is an original action for a writ of mandate against the respondent court. The contorversy grows out of an annexation proceeding by the Board of Trustees of the Town of New Haven. After the Board of County Commissioners found in favor of the annexation, the matter was taken to the respondent court, where the Town of New Haven filed a plea in abatement. The City of Fort Wayne demurred to the plea in abatement and the respondent court sustained the...

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