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AMSTUTZ ET AL. v. HUSER ET AL.

No. 30,298.

245 Ind. 111 (1964)

196 N.E.2d 409

AMSTUTZ ET AL. v. HUSER ET AL.

Supreme Court of Indiana.

Filed March 3, 1964.

Attorney(s) appearing for the Case

Custer & Smith, D. Burdette Custer, Robert G. Smith, of Decatur, and J.A. Bruggeman, of counsel, of Fort Wayne, for appellants.

Christian H. Muselman, of Berne, and Jackson & Parrish, of Fort Wayne, for appellees.

ARTERBURN, J.

This is an appeal from a drainage proceeding in which the appellants filed the petition therefor. After the viewers were appointed and made their report, the same was approved and docketed. An engineer appointed by the court thereupon filed what he designated his "first report", in which he states that because of the emergencies following heavy rains, it would be more feasible to construct the portion at the...

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